CVS Manager Class Action Lawsuit
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CVS Manager Class Action Lawsuit

By Kimberly Mirando

CVS pharmacy(
LEGAFI) -- A New York federal judge has certified a nationwide class of current and former assistant store managers of CVS drug stores. The managers are suing the pharmacy giant for failing to properly pay them overtime. CVS is the largest retail pharmacy chain in the U.S. with 6,900 stores, and attorneys estimate tens of thousands of workers could be included in the newly certified class action lawsuit.


The 2009 class action lawsuit alleges CVS avoids paying its assistant store managers overtime by misclassifying them as  “executives” who are exempt from receiving overtime pay. “The primary duties of these purported ‘executives,’ however, are non-managerial tasks such as stocking and organizing shelves, unpacking boxes, arranging merchandise, cleaning stores and unloading trucks,” the class action lawsuit says. The assistant store managers have no authority to hire or fire and routinely have to run cash registers. They also routinely work more than 55 hours a week yet receive fixed salaries, according to the lawsuit.


The CVS class action lawsuit is seeking to recover unpaid overtime for assistant store managers for all the hours they worked over 40 each week. It includes all CVS assistant store managers classified as exempt who at any time were employed at CVS within the past three years, excluding those in the states of Florida or California.


A separate class action lawsuit that includes assistant store managers in Florida was also certified earlier this year. The Florida CVS Overtime Class Action Lawsuit also alleges the managers were improperly classified as exempt from overtime pay, and is seeking to recover unpaid wages for all assistant store managers currently or formerly employed in Florida within the past three years.


A copy of the nationwide CVS Store Manager Overtime Class Action Lawsuit can be read here.



Updated August 25th, 2010

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