Act Fast Delivery of WV Facing FLSA Class Action [UPDATE]
Last Updated on May 8, 2018
Young v. Act Fast Delivery of West Virginia, Inc. et al
Filed: October 17, 2016 ◆§ 5:16-cv-09788
A class action lawsuit has been filed against Act Fast Delivery, Act Fast Delivery of West Virginia and Home Care Pharmacy by drivers who claim they are owed unpaid wages
Case Updates
August 25, 2020 – Lawsuit Settled for $4.5 Million
Omnicare, a subsidiary of CVS Health Corp., has agreed to pay $4.5 million to settle the proposed class action detailed on this page.
After extensive litigation, including a February 2018 trial by jury that ended in favor of Omnicare, the plaintiff filed a March 21, 2019 motion based on newly discovered evidence—a database Omnicare failed to produce in earlier discovery—that led the court to vacate the verdict and reopen the suit, court documents relay. Following even further discovery, document procurement, and expert witness testimony, the court was notified on June 29, 2020 that the lawsuit had been settled after successful mediation.
A class action lawsuit has been filed against Act Fast Delivery, Act Fast Delivery of West Virginia and Home Care Pharmacy (which does business as multiple entities) by current and former drivers who claim they are owed unpaid wages. Filed in West Virginia, the suit alleges the defendants violated the Fair Labor Standards Act by intentionally misclassifying drivers as independent contractors to avoid paying the minimum wage and overtime pay. The suit also claims the defendants intentionally did not pay drivers for mandated wait time spent before and after deliveries or for time spent filling out statutory paperwork.
Before commenting, please review our comment policy.