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A new proposed class action lawsuit has been filed against CVS in California Superior Court alleging the pharmacy chain required pharmacists to participate in unpaid training.
The CVS unpaid training class action lawsuit, brought by Plaintiff Sevag Chalian, claims that non-exempt pharmacists were forced to perform training modules during their time off and for which they were not compensated.
Specifically, the lawsuit alleges that CVS paid pharmacists according to how long the company estimated the training would take instead of how long the unpaid training actually took.
“Plaintiff and class members would not receive the full compensation that they were due, whether at their regular rate of pay or their overtime rate of pay, as applicable, for the actual time that they spent completing these mandatory training modules for CVS,” the complaint said.
CVS Unpaid Training Allegations
Chalian filed the complaint on behalf of pharmacists who worked in CVS Region 65 and CVS Region 72 in California since July 20, 2012.
According to the proposed class action lawsuit, CVS mandated all pharmacists to complete these training modules as part of the requirement of employment and the training was not relevant to any state or board certification or licensure.
Additionally, the pharmacists were encouraged to complete the unpaid training modules during their breaks or remotely from home.
Chalian seeks to certify a class of California pharmacists working for CVS who were not properly compensated regular overtime hours associated with the unpaid training.
CVS is no stranger to class action lawsuits. Earlier this year, the pharmacy chain settled three consolidated lawsuits in California federal court. This settlement also involved pharmacists who claimed they were not paid overtime when they worked more than six consecutive days.
Similarly, in 2013, California pharmacists filed a lawsuit against CVS Caremark Corp., alleging the pharmacy chain forced them to work overtime and off the clock to fill customer prescriptions. This lawsuit was dismissed by the Ninth Circuit in January.
CA Labor Laws and Unpaid Training Hours
In California, employers that require employees to attend mandatory training programs must pay for this time, mandatory being the key word. The only time employers can get away with unpaid training is when all four of the following statements can be applied to the training:
- The training is outside normal working hours.
- The training is voluntary.
- No other work is being performed by the employee during training time.
- The training is not job related.
In other words, if a training is required — or even requested — by an employer, the time spent becomes “work time.” Employees must be compensated for all work time.
If your employer refuses to pay, or says the training does not qualify as mandatory, and you feel your rights under the FLSA have been violated, contact an experienced employment attorney for a free case evaluation or to learn more about your rights regarding unpaid training.
The CVS Pharmacist Unpaid Training Class Action Lawsuit is Chalian v. CVS Pharmacy Inc. et.al., Case No. BC627757, in the Superior Court of the State of California for the County of Los Angeles.
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