CVS Employees File Overtime Pay Class Action Lawsuit and Wage & Hour Collective Action Against CVS Over Alleged Off-the-Clock Security Searches & Missed Breaks.
A class action lawsuit has been filed against CVS (“Defendant”) in the United States District Court for the Eastern District of New York (Case No. 10 Civ. 2075) on behalf of a class of current and former CVS employees, alleging that employees at CVS stores are subjected to off-the-clock security checks at the end of each shift which can take 30 minutes and that CVS employees are forced to work through meal and rest breaks without compensation, wages or overtime pay, in violation of the Fair Labor Standards Act (“FLSA”) and New York State labor laws, according to a class action press release.
If You Have Thoughts On The CVS Wage & Hour and Overtime Pay Class Action Lawsuit & Collective Action, Share Your Class Action Lawsuit Comments Below.
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CVS was sued by an assistant manager in federal district court in Florida in March 2009 for a claim of failing to pay overtime wages. The assistant manager has alleged a collective action to recover unpaid overtime on behalf of a class of all persons who performed similar work at CVS stores in the three years prior to suit. The case was filed under the federal Fair Labor Standards Act. The assistant manager alleges that he and other class members had to work overtime hours without overtime pay because CVS improperly classified them as being exempt from any overtime pay. The assistant managers are dispute this classification and instead allege they should have been paid for all their overtime hours worked because they were not in fact exempt managers. The assistant manager is represented in this lawsuit by the Shavitz Law Group, which is also representing other, current or former assistant managers around the United States who worked overtime hours without pay. I am one of those Assistant Managers in Miami, Florida. I hired Lawyer, Martin Eric Leach (305) 441-8818 and joined the Shavitz Law Group at 888-221-WAGE (9243). God Bless America!
Joachim,
I too worked there as an ASM (although we were all told through training, we have no ASMs only MITs) I left because I was promised a transfer, which was then denied after I had already moved, I was sexually harassed as were all the females in the store and when I filed a complaint guess what happened…. thank you but we don’t have a spot for you anymore. I got the letter for the class action lawsuit in Nov and sent in my information. Haven’t heard anything back but I’m sure it will take awhile. I was not only forced to work the overtime but also denied holiday pay, even after showing the manager the policy provided at hire, I was told that holiday pay doesn’t apply to managers even though when they hire you it is listed as a benefit. I’m all for devoting myself to my job but I also have a family that I am devoted too. CVS is a horrible company to work for.
Worked for CVS as an ASM for 1 year was paid as a manager exempt from overtime pay. All of the training to become a manager is done at home on your own time not even as hours worked not one hour of it is paid. After a year of that I was promoted to store manager not a single thing changed except I was now working 70-75 hours a week being paid for 45, never got a paid holiday had to work 6 days the weeks with holidays in them. Rand register unloaded trucks stocked shelves and did all of the management tasks and did it all with no payroll in the building they cut hours every year it is how they keep the stockholders happy they screw their employees.
Here is a novel thought, get another job you are happy at. You work in retail as an asst. Manager, thus you have no education or skill set.
Stone Cold, I am a well-educated individual with six years of University graduated from a private university in Miami. I speak four languages and 20 years in Management and Customers Service experience. I don’t feel better than another person, but I have great tools to survive in this market. A University Education in any Degree doesn’t guarantee success, but it opens many doors in this competitive market (”Knowledge is Power”). Thanks for you comment and I will not give up with this case. HAPPY NEW YEAR 2011!
You are an ignorant and rude person. Most people who work in retail management have much training and probably more education than you. I have a BA and MBA. I have 20+ years of retail experience, mostly management. People like myself devote our professional lives to make sure that people like you are able to get whatever your little heart desires whenever you want it, including holidays, nights and weekends. The job isn’t easy and sometimes it isn’t fun but it does have it’s positives as well. I can almost guarentee by reading your post that you wouldn’t last even five minutes trying to run a retail store.
Michelle, sorry and I apologize if I got you upset but I am not ignorant and not even a rude person. I agree with your comment but the last comment I disagree with respect. I ran Stores for three years with other companies before. It is true that in this competitive market you always find more educated and experienced people than you. Does not bother me, in the other hands, I am happy for them. Have a Nice Day! (”Knowledge is Power”).
You are an idiot. Plenty of assistant managers have a broad skill set and a full education. Many companies will use entry level management as a stepping stone for upper management. I have a college degree and run a multi-million dollare retail location. Guess what, I started as an assistant.
I worked for cvs as an asm, CVS is probally the worst company I have ever seen. I was working 50 to 60 hours a week like a slave only to watch people sit around and make more money! They give you all the promises of your own store, but it never happens!!! When I was hired I was told its good to have a young strong man here!!! Little to my surprise he meant slave!! When I made complaints? I was then a target, with threats of termination and constant sexually explicite pictures and comments sent to my phone! When I brought ALL the pictures and commments to the head of HR? I was left alone for 6 monthes! But warned my time is comming! I was then fired for little to NO reason! Then when I went to collect unemployment, they put up NO fight? CVS a good company? I think NOT!!!
Richard,
You are right. Cvs is the worst company I have ever worked for. Complaining and asking for the things you are promised when you are hired will only get you in trouble. They promise you that you will have a store in 6 months, doesn’t happen. Not all retail is like this but CVS cares nothing for it’s employees.
The problem with CVS, and maybe other companies, I don’t know but have heard, is everything done, is done for the yearly bonus. In other words, if the manger cuts back or fires someone, it is done in his best interest, as he has to prove to his manager he has made more money this year on less hours so they can split the yearly bonus. Whatever needs to be cut back on, will be curtailed. Money is more important than customers or employees.
You are positively right! My wife worked (till terminated for misconduct(?) just before her 4 year review. She is a very sweet gal with deep feelings for people. BUT, she is minority(Philippine) and over 50 and only been in USA 4 years. In her employment I have seen almost ALL minorities and older people either fired or transferred. Firing in Florida is the perfered method. This method(firing) once again is a financial gain for CVS because if they layed off anyone it would cost them funds collected by the Florida for for unemployment. The funds are contributed by most companies for this reason.
Terminating my wife the month she was to reach her 4th year of employment saved the company the HUGE pay increase of 2.8% or in her case about .23 cents. This of course was a feather in the manager, Ferando Rodrigues, hat and a added bonus.
After her termination the Valrico, Fl pharmacy then had what they wanted: a all white female Pharmacy Tech(5), a young 30 YO Pharmacist and a Ass’t Pharmacist least then 30 YO. It took the the lead Pharmacist least then 6 months to get rid of ALL Minorities and Aged people. Of course with the blessing of the Manager and CVS
Oh, by the way she was hired as a Service Associate but when terminated suddenly became a PT who allegedly gave(sold) the wrong(?) prescription to a customer. This sounds to me like a huge mistake on the Pharmacist part and because of prior lawsuits had to justify the companies actions
C VS doesn’t care about employee or custmer i worked for 11 years at cvs it got so bad i had a breakdown . i worked from a cashier to photo,receiving,superviser,then pharmacy tech to lead tech . i can also tell you so much bad stuff but i think we need to do something about it til someone listens. cvs cut so many hours they put patients at risk so many misfill and they cover it up.many patient don’t even know or the ones that do corp. act like it care telling rph take care of it many give patient what it wants.
I sued CVS and settled….awful company. Bottom line is if you are or were an ASM for that horrible company I suggest you call that # Shavitz Law Group at 888-221-WAGE (9243). I was one of the first to sue CVS, I am not part of the class action lawsuit as I felt what they offered me was a good amount of money. Trust me call the number.
please i need an answer can i still join the lawsuit ? this company is horrrrrible
They need to pay their employees what they owe then maybe they will find that laws apply to them as well as the rest of the employers in this country.
Okay, CVS does totally suck! I agree you should jump on this lawsuit. I’ve spoken to current managers and CVS is afraid of what is going to happen. As a former manager, i agree, we do try to get a big bonus…wouldn’t you? Firing someone over a quarter raise isn’t going to “drive” the bonus pool. CVS has cut payroll hours by more than 25% to keep shareholders happy! That hurt everyone…the managers have to “fire” people instead of cvs laying people off just so they can avoid unemployment payouts. The managers are in the middle…they have fought for the employees…some managers are jerks, and take advantage of the situation…but there are jerk asm’s and crewmembers also!
I was fired as a payroll cut too! I made too much money, so they went after me for the LP audit…when they couldn’t get me on that..I randomly had 3 complaints about being an abusive manager to my employees (I had never been written up, always an EE on my reviews) but I made too much money (and a little too outspoken about what was right Vs. wrong)…I fought as long as I could but after almost a year of accusations and LP Audits (7 to be exact)…I lost my battle.
Things are much better after leaving that company, just wish I had a lawsuit I could jump on….good luck!
Just read your reply today. Sounds like a carbon copy…
The question is not was CVS wrong the is CVS wrong. They finally found a reason to fire me after 16 years of faithful servious. It is about bonuses of the hire ups. They are still doing all the bad things even after the 2 year old lawsuit.
Hey Former Manager,,, your in luck. Eventhough you went through a horrible situation at your store you can still sue for “unpaid overtime wages, meal breaks and interest” I was a Savon manager for 17yrs and was with CVS 3 until the ax came down. I know you were exempt, but there are laws goverening that status. Its an automatic win for you. I say go for it!Wow , the CVS culture is the opposite of Savon,, Work for CVS at your own demise!!
I worked at CVS but I were not contacted about class action
I currently work for CVS and have for over 5 yrs and it is as everyone here stated a horrible company. CVS engages in predatory de-staffing practices using biased Audits to get rid of management and even worse when they wish to terminate an hourly associate. I am quite shocked CVS has not unionized with morale at an all time low. We have terrible engagement survey results from our employees that are supposed to be voluntary (They threatend to fire us if we didnt get 90% to take the survey). We can now be fire if one out of day dairy item is found as well as a few other categories. I have sat in on a DM telling another manager to give a shift a bad eval to justfy their demotion from an ASM position. Another ASM was threatend with a transfer to a distant store in district. Our DM allowed stores to steal thousands of dollars from various manafacturers by not stopping them from taking misrepresented coupons for years and then fired the store level associates once a stink was created. We have an HR department that rarely responds to legitimate complaints and only does so when it serves their interests. Our ASMs primary duty is cashier/stock clerk and they are working 60 plus hours as salaried employees. We have continued to cut payroll across the company in 2012 whilst increasing expectations on store performance metrics, merchandising etc. While cutting payroll budgets they increased overall sales budget forecasts as well as script counts. In addition we took on a huge amount of additional scripts when a major competitor lost an RX insurance provider and they gave us absolutely no hours to compensate and wait times are terrible and staffers are overworked, not to mention underpaid. We have no ability to carry-out the very basic functions of managing our businesses due to their corporate level decisions and we are the ones held responsible for the consequences. Pharmacists are overwhelmed to dangerous levels with excessive work loads and staff are rarely able to take their state protected lunches/breaks due to poor staffing. Shoplifters come and go out the stores with ease due to poor staffing and security fixtures have been removed causing large increases in high dollar shrink of which the store managers and also responsible for. Many years ago CVS was a great company to work for and I loved going into the stores. Somewhere along the way our “Corporate Staff” has lost their way and seem to heed the words of a few consultants and share holders more then the voice of their employees and most importantly customers. I have seen a few company in my time travel the downward spiral of endemic corruption and greed. I really hope someone upstairs decides its time to take a hard look at our companies Vision and Mission Statement as well as their priorities before their Shareholders hold nothing but Junk Stock
well put anonymous….i was in the firing sights of our DM ….I was sent as an ASM for the SM to get me fired….the SM made the mistake of sexual misconduct in front of me toward a cashier…he got fired within the month right before Christmas at the 24 hr store , so my job was safe for a while. Then in Feb the DM came in and held me responsible for the store review for the previous year. He was getting his ducks lined up so he could continue to fill a portfolio on me to get me terminated. I was even told by another SM manger ” Mr Steve” you better watch your back”. Well time has passed and I have another much better job. CVS , you need to crash and burn hard. I will enjoy my portion of the lawsuit settlement I was just notified of, should have been a lot more for sure however.
Has anyone heard of Red line or Red Circle employees? I heard this reference made regarding salary and raises. I assume it means these are employees that make the maximum or close to it for their position.
I think it is a form of targeting employees.
Just got my letter. I was in CVS’ SM training program. I hardly believe that the amount is close to what CVS owes me in overtime if indeed my duties did not constitute an exempt status. If such is the case then Macy’s needs to be sued as well. I left because I could no longer mentally justify pushing a dolly and unloading a truck weekly as fulfilling a career in management.
Was the letter from the 2010 lawsuit? Was the amount OK.
There is no way I can prove all of the hours that I worked since we do not punch in or out as managers. Nothing was documented. I was working 60 to 70 a week and my wife was ready to divorce me. Forget about breaks, I barely had taken them.
Ps Training in my district was a joke, and I do believe they are targeting older employees for dismissal and from what I heard they now have put a freeze on raises. Good luck to you all!
I too believe I was let go because of my age and salary. My DM came after me with everything. Bad LP Audits, only had 2 employees in my store and still had to unload our truck while my checker was the only one in the front of the store by herself.
My DM was in 2-3 times a week writing my up for everything from labels to ends not been kept up. Well, I never had a bad report from Weights and Measures, never failed a dairy, baby out of date audit, that is until my last two weeks of employment.
And that was after 3 employees check the cold box that day. I think she set me up to fail . I also had taken a leave of absence for stress because of my DM and I was gone less than 3 months after my return. I only took less than two months off.
My DM started to come in again 2-3 times a week and then she terminated me.
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OH yes, I forgot. Talking about saving on payroll. How are we suppose to run a store with 2 people on any given shift? My shift supervisor B made at lease 22.70 an hour and very unproductive. She was in good with my DM and she used this employee as a whisleblower on what was happening in my store. My DM told me herself that she was calling my shift on a daily basis and that is how she got her information on my store.
Just to make things clear, I am currently a store manager for cvs and only work about 45-50 hours per week in a low volume store about 50k per week. I am 22 and have earned my keep for the 4 years ive worked for the company, what i have found is that management does not train their employees causeing the salaried managers to work more hours. It is simply that, not the company. You may only be as strong as your weakest link and this is the truth. Not only am I in a low volume store but I am in New York and if you havent lived here then you have no idea what pressure and high standards are. Cvs is not the bad guy in this situation its the poor attitudes of its management and poor quality work ethics that go along with it. I would like to see anyones 20year experience go up against my first year experience as manager and see who works less and is more productive…. Oh almost forgot to mention not only am i a first year store manager I am ranked in the top 20 in the company in our reporting. This is not to attack anyone, i just feel you are all disgruntled and more of it is on your own part more than CVS. Everyone have a great day!
CVS, like most retailers is a top down management company with little regard for feedback, so if you think the Store Managers are the culprits, they’re simply getting their marching orders from their District Managers. You still have a job because you’re 22, NOT because you’re productive. Your DM will look the other way a lot more than if you were 52 with a x2 salary. You’ll hit the sack one evening and wake up in your 50′s and wonder what happened to all the positive aspects of CVS that you saw when you were younger. You’re more than a bit naive.
Oh by the way, those of you ex-ASM’s who are still working for CVS as
Shift Supervisors and you’re accepting the settlement money, be prepared for massive retaliation, especially if you’re over 50. CVS knows they’ll get a few retaliation lawsuits, but the money they’ll pay out in judgments to less than 1% of the total managers will pale in comparison to the money they’ll save, which by the way, will come out of the pension fund anyway, so it won’t really cost them a cent.
I agree with CVS being the worst company to work for, I started with Sav-on drugs at the age of 18 as a cashier worked my way up to store manager
I have been involved in many different projects remodels new store openings running two stores at the same time etc. etc. I am an incredibly honest dedicated hard working guy who has the whatever it takes attitude and I always rise to whatever the occasion, in 2006 CVS bought Sav-on drugs in California and while we were going through the conversions I spoke to the people from back east that we’re there helping to remodel each store in 2 weeks very aggressive schedule CVS has become very efficient at it steam rolling across the US buying out the competition I was told that 80% of all are managers will not be gone in a few years I said that was impossible if you do your job at 100% and complete what is asked you won’t have a problem well that person was right most of the managers district mngrs the regional and area vp are all gone including myself making 90k a year “it is about the money” I saw CVS let go some of the best mngrs and DM’s people with incredible knowledge people I highly respect and have been mentors to me in my career I am now 46 looking for a job CVS doesn’t want you to think for yourself they want
Puppets and $$$$$$
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