So new class action lawsuit for CVS pharmacy employees in California (what else is new). The typical. No rest breaks due to understaffing, changing our punch ins so we don't get paid as much, etc. Details here:
I have several questions for those of you who have been through this before:
1. Are there other law firms working on this? I searched and couldn't find any. Competition would be helpful here.
2. Is there any public resource where we can find details/status about the current case? If I don't sign on with the above law firm I doubt they're going to be very helpful. If anyone finds a case number and knows where it's being filed let us know.
3. When I contacted the above law firm, they sent me a contract asking to sign over 40% of whatever they recover (negotiable though). Some quick research shows that most (or maybe all?) class action cases in California are opt-out which means we would receive a notice in the mail asking if we agree with the settlement (and want a check) regardless of whether I sign with a lawyer or not. How do we know if this case will be opt-out or if I have to sign on with them? Are lawyer fees typically a lot less if you don't sign on (it looks like judges sometimes reduce the fees if they are excessive)? I spoke with a pharmacy employee (not front store) that says they've never received anything in the mail for these lawsuits after working for the company the past 15 years. That's not reassuring and don't want to end up missing out if I don't sign on with a lawyer.
4. Can we just ignore this until a settlement is reached and then sign on if needed afterward? My intuition is telling me there is no benefit to signing with these lawyers as all you're doing is guaranteeing them a 40% cut when you'll be getting a notice in the mail anyway or still have the option to join later.
5. How important is it for us to document everything? Or will we all likely just get a lump sum based on how many hours we worked and we shouldn't bother recording punches to the minute, etc?
6. The company has labor violations in excess of what the lawsuit has listed. Not paying overtime for night RPh's for example. There have been numerous cases in California where it has been ruled companies cant just reset their workday at midnight in order to avoid paying overtime for shifts over 8 hours. We should share our stories and collectively push for the largest settlement possible for every labor law this company has violated. Not just the ones listed in this particular class action.
7. What are the odds that those who signed arbitration agreements with CVS when hired would have them waived and be able to participate in the settlement when all is said and done? Their stupid arbitration agreement doesn't allow them to break the law right???
This forum is an excellent resource for us to share information to protect us from corporate America and the lawyers who want a big share of what is already ours. Sharing your stories would be helpful for us to determine how to proceed. However, please keep in mind everything we say on this forum can potentially be seen by CVS or our lawyers. I assume CVS is already aware of this case (it's on the law firms website, obviously not sealed) and so I don't believe sharing any of the above info will do more harm than good.
-Anonymous pharmacist who recently quit working at CVS
I have several questions for those of you who have been through this before:
1. Are there other law firms working on this? I searched and couldn't find any. Competition would be helpful here.
2. Is there any public resource where we can find details/status about the current case? If I don't sign on with the above law firm I doubt they're going to be very helpful. If anyone finds a case number and knows where it's being filed let us know.
3. When I contacted the above law firm, they sent me a contract asking to sign over 40% of whatever they recover (negotiable though). Some quick research shows that most (or maybe all?) class action cases in California are opt-out which means we would receive a notice in the mail asking if we agree with the settlement (and want a check) regardless of whether I sign with a lawyer or not. How do we know if this case will be opt-out or if I have to sign on with them? Are lawyer fees typically a lot less if you don't sign on (it looks like judges sometimes reduce the fees if they are excessive)? I spoke with a pharmacy employee (not front store) that says they've never received anything in the mail for these lawsuits after working for the company the past 15 years. That's not reassuring and don't want to end up missing out if I don't sign on with a lawyer.
4. Can we just ignore this until a settlement is reached and then sign on if needed afterward? My intuition is telling me there is no benefit to signing with these lawyers as all you're doing is guaranteeing them a 40% cut when you'll be getting a notice in the mail anyway or still have the option to join later.
5. How important is it for us to document everything? Or will we all likely just get a lump sum based on how many hours we worked and we shouldn't bother recording punches to the minute, etc?
6. The company has labor violations in excess of what the lawsuit has listed. Not paying overtime for night RPh's for example. There have been numerous cases in California where it has been ruled companies cant just reset their workday at midnight in order to avoid paying overtime for shifts over 8 hours. We should share our stories and collectively push for the largest settlement possible for every labor law this company has violated. Not just the ones listed in this particular class action.
7. What are the odds that those who signed arbitration agreements with CVS when hired would have them waived and be able to participate in the settlement when all is said and done? Their stupid arbitration agreement doesn't allow them to break the law right???
This forum is an excellent resource for us to share information to protect us from corporate America and the lawyers who want a big share of what is already ours. Sharing your stories would be helpful for us to determine how to proceed. However, please keep in mind everything we say on this forum can potentially be seen by CVS or our lawyers. I assume CVS is already aware of this case (it's on the law firms website, obviously not sealed) and so I don't believe sharing any of the above info will do more harm than good.
-Anonymous pharmacist who recently quit working at CVS
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