Former Pharmacy Tech Files Wage and Hour Lawsuit Against CVS in California

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CVS and several subsidiaries are the defendants in a proposed wage and hour class action lawsuit recently removed from superior to district court in California. The plaintiff, who initially filed the suit in September, alleges CVS and its co-defendants have continuously and intentionally violated state wage and hour laws, with the most obvious infraction evident in CVS’s apparent practice of scheduling pharmacy employees to work shifts “far in excess of the limits imposed by California law.”

Filed against CVS Health Corporation, CVS Pharmacy, Garfield Beach CVS and CVS Rx Services, the lawsuit runs a gamut of allegations pertaining to improper wage and hour practices. The plaintiff, who worked as a pharmacy technician and sometimes at a cash register, alleges he regularly worked more than nine hours per day, or more than 108 hours in two consecutive workweeks. CVS, the suit adds, routinely scheduled pharmacists to work 12-hour shifts. While pharmacy workers would receive double-time when working more than 12 hours per day, the complaint alleges these employees were required on occasion to work more than 12 days in a row over a two-week period without a rest day as required by the California Labor Code.

Further, the case claims CVS:

-    Routinely required members of the proposed collective to work off-the-clock without pay to answer work-related text messages;

-    Required management to continue to work while clocked out without pay;

-    Required members of the proposed collective to work through meal and rest breaks without commensurate compensation;

-    Failed to pay all due wages at the time of an employee’s termination; and

-    Required workers to use personal cell phones for work-related purposes without reimbursement.