CVS California Class Action Settlement

[diastole]

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I got this letter in the mail that says I'm entitled to a close to $3000 because CVS settled a class action lawsuit for forcing pharmacists to work 7 consecutive days without paying overtime. I never even realized that that was a big deal but apparently CVS set aside $7.4 million to settle the claims. I was wondering if CVS knows which pharmacists are opting in. I wouldn't mind the money but I don't want to put my job at risk in any way if I take it. Anyone know how these settlements work?

 

[confettiflyer]

Class action is usually opt-out, if I remember correctly. Meaning, you can just pretend you don't read your mail (who does, these days?) and magically a check will show up.

 

[wucool33]

You have to opt in. There will be no target on your back. If the settlement is done, then those money will be going to someone, if you don't opt in, then the money will just go to someone else.

I feel like there will be another lawsuit pretty soon in California. Right now CVS is not paying overnighters OT pay for working a 10-12 hrs shift because they view that as "two days", so you really get screwed on your last day. I don't get why CVS doesn't just pay people the right way and follow the law...

 

[confettiflyer]

You have to opt in. There will be no target on your back. If the settlement is done, then those money will be going to someone, if you don't opt in, then the money will just go to someone else.

Doh. I think the last few checks I got for CVS settlements, I didn't do anything. I swear that company is constantly settling lawsuits.

I feel like there will be another lawsuit pretty soon in California. Right now CVS is not paying overnighters OT pay for working a 10-12 hrs shift because they view that as "two days", so you really get screwed on your last day. I don't get why CVS doesn't just pay people the right way and follow the law...

Wouldn't that fall under Alternative Work Schedule regulations? You wouldn't get OT over 8hrs if it falls under that (that's specific to the 10 and 12hr pharmacist shifts available in hospital at least).

 

[wucool33]

Doh. I think the last few checks I got for CVS settlements, I didn't do anything. I swear that company is constantly settling lawsuits.



Wouldn't that fall under Alternative Work Schedule regulations? You wouldn't get OT over 8hrs if it falls under that (that's specific to the 10 and 12hr pharmacist shifts available in hospital at least).

Idk... Maybe you are right. I know Rite Aid just had to settle a law suit in California and you had to opt in.

 

[297point1]

I wouldn't mind the money but I don't want to put my job at risk in any way if I take it.

I wouldn't worry too much about that for two reasons:
1. Running the numbers, and depending upon lawyers fees for the plaintiffs (I'm estimating between 25% and 40%), there appear to be 1,475 and 1,850 pharmacists covered under the lawsuit. CVS is not going to do anything to the folks who are a part of the class action suit- there are just too many of you. [If you opt out and try to make a claim against them as an individual, that'd be riskier.]
2. As an aggrieved party in a successful class action lawsuit, any unfounded actions against you can be deemed a retaliatory act. [Good luck proving it, but you are a smidge more protected from getting fired for an unfounded reason compared to someone not a party to the lawsuit]

Is this the same Stark v. CVS case we discussed on here previously? http://falveylaw.com/cases-and-class-actions/stark-v-cvs

 

[diastole]

You have to opt in because you are waiving the right to sue them later on. This sounds like the same suit as Stark v. CVS but it covers different regions. After reading my paperwork further, CVS is out the money regardless. If I don't take it, it goes to either the other pharmacists who do opt in or to charity depending on the amount. So I guess I have some OT pay coming my way. It also sounds like floaters have a separate settlement for unpaid travel expenses and wages. And the lawyers are going to get millions.

 

[owlegrad]

It also sounds like floaters have a separate settlement for unpaid travel expenses and wages. And the lawyers are going to get millions.

Huh, I never had trouble getting travel expenses paid, although if they can get wages for travel time that would be awesome.

 

[Deja]

my schedule was set up where I worked 7 days straight every other week for a year at rite aid and never got overtime pay for that 7th day... maybe I should sue lol