A putative class of pharmacists has asked a California federal judge to give preliminary approval to a $2.3 million settlement with CVS Pharmacy Inc. The class also asked for provisional class certification for the group of employees who claim they were unlawfully required to work more than six consecutive days. Named Plaintiff Rimanpreet Uppal contends that CVS violated the Fair Labor Standards Act (FLSA) by requiring pharmacists to work more than six consecutive days without paid overtime and that the judge should certify the putative class he represents.
Pharmacists involved in the suit will recover about 82 percent of the owed overtime and interest, according to the settlement. Uppal filed suit in March 2014 in the Alameda County court on behalf of former and current CVS pharmacists. The company removed the case to federal court after two months. The complaint alleged that CVS failed to pay overtime premiums, provide accurate itemized wage statements, pay all wages due to employees upon resignation or termination, engaged in unfair business practices and unlawfully withheld wages.
The proposed settlement is part of a larger $12.8 million deal between the company and employees to settle several suits over the seven-day work week in five regions served by CVS. Putative class members would see about $326 for each week that violated federal law, according to the settlement. The pharmacists requested about $783,000 to cover attorneys’ fees and no more than $30,000 for litigation expenses, according to the settlement. Uppal would receive a $10,000 service award as the named Plaintiff. Pursuant to the settlement, class members would have 30 days to either opt out or object to the proposed settlement and 60 days to submit a claim.
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