Pharmacist Overtime at CVS: The $10 Million Settlement and What You're Owed

The $10 Million Settlement: What Happened?

In 2024, CVS Pharmacy reached a $10.4 million settlement in a class action lawsuit brought by California pharmacists. The lawsuit alleged that CVS Pharmacy required pharmacists to complete training modules and other work off the clock, violating California labor laws. Nearly 25,000 pharmacists were affected.

It’s important to note:

• CVS Pharmacy denied any wrongdoing as part of the settlement.

• Settlements resolve claims without an admission of liability.

• Similar lawsuits have been filed in other states, but laws and outcomes vary.

What Was Alleged in the Lawsuit?

Pharmacists claimed CVS Pharmacy:

• Required mandatory training modules to be completed at home, without pay.

• Expected continuing education and compliance training on personal time.

• Did not count training hours toward total hours worked.

• Failed to pay overtime for hours worked beyond legal limits.

The settlement covers:

• Pharmacists who worked in California.

• Those who completed training without compensation during specific dates (see official settlement notice for details).

Are Pharmacists Entitled to Overtime Pay?

Many pharmacists believe they are “exempt” from overtime due to their professional status. However, exemption depends on specific criteria under federal and state law.

Exemption criteria include:

• Earning a salary of at least $684/week (federal) or higher state minimum.

• Performing work requiring advanced knowledge and discretion.

• Having significant independent judgment in daily duties.

Why some pharmacists may not be exempt:

• Work is often protocol-driven with limited discretion.

• Corporate policies dictate most decisions.

• If you are classified as exempt but do not meet all criteria, you may be entitled to overtime pay for hours over 40 per week (or over 8 per day in California).

Common Overtime Issues Reported at CVS Pharmacy

Pharmacists have reported several recurring issues:

• Off-the-clock training and education modules.

• Unpaid work before or after scheduled shifts (opening, closing, paperwork).

• Missed or interrupted meal and rest breaks due to understaffing.

• Pressure to complete work regardless of hours, sometimes discouraged from reporting all hours worked.

California’s Stronger Labor Protections

The settlement was based on California law, which offers protections beyond federal standards:

• Overtime after 8 hours in a day, not just 40 in a week.

• Double time after 12 hours in a day.

• Premium pay for missed meal and rest breaks.

• All hours “suffered or permitted” to work must be paid, including training.

• Statute of limitations: 3 years for wage claims, 4 years under Unfair Competition Law.

If you work in California, you have significant rights regarding pay and breaks.

Other States with Notable Protections

Some states offer additional protections for pharmacists and other employees:

• New York: Strong meal break rules, up to 6-year statute of limitations.

• Washington: Enforced meal and rest break requirements.

• Massachusetts: Robust wage laws and break requirements.

• Colorado: Overtime after 12 hours in a day, rest break rules.

Check your state’s labor agency for specific rules and deadlines.

How to Know If You’re Owed Money

Ask yourself:

• Am I classified as exempt, and do I truly meet the exemption criteria?

• Do I work more than 40 hours per week (or 8 hours per day in California)?

• Have I completed training or work off the clock?

• Do I receive uninterrupted meal and rest breaks?

• Am I paid for all hours worked, including training and missed breaks?

If you answered “yes” to extra work and “no” to being paid for it, you may have a claim.

How to Document Your Claim

Start keeping detailed records:

• Track actual start and stop times, including training at home.

• Note breaks taken or missed.

• Save pay stubs, schedules, training records, and emails about work requirements.

• Contemporaneous records (kept at the time) are most persuasive.

Steps to Pursue a Claim

1. Check Settlement Eligibility

• Review the official CVS Pharmacy settlement website or notices for eligibility and deadlines.

2. File a Wage Claim

• California Labor Commissioner: File online or in person (3-year limit).

• Federal Department of Labor: Wage and Hour Division (2-year limit, 3 if willful).

• Your state labor agency: Procedures and remedies vary.

3. Join a Class Action

• If a class action is pending, you may be able to join. Check official settlement sites or contact attorneys listed.

4. Individual Lawsuit

• For substantial claims, consider filing individually. Many employment attorneys work on contingency.

What You May Recover

Successful claims can result in:

• Back wages for unpaid overtime.

• Liquidated damages (often doubling recovery for willful violations).

• Penalties for missed breaks (California).

• Interest on unpaid wages.

• Attorney’s fees (paid by CVS Pharmacy if you win).

The Understaffing Issue

Many overtime violations stem from chronic understaffing:

• Not enough pharmacists scheduled.

• Workloads that exceed reasonable hours.

• Pressure to complete work regardless of hours.

• Understaffing does not excuse wage violations—CVS Pharmacy must pay for all hours worked.

Patient safety concerns have been raised by pharmacists and advocates, noting that overwork can affect care. If you have safety concerns, you can report them to your state pharmacy board.

Retaliation Protections

It is illegal for CVS Pharmacy to retaliate against you for:

• Asking about overtime pay.

• Filing wage claims or joining class actions.

• Reporting violations.

Signs of retaliation:

• Discipline or negative reviews after raising concerns.

• Schedule changes or termination.

If you experience retaliation:

• Document everything.

• File a retaliation complaint with your state labor agency.

• Remedies may include reinstatement, back pay, and penalties.

Using Caira to Evaluate Your Claim

Caira can help you:

• Understand overtime exemption rules.

• Calculate potential back wages.

• Review your state’s laws.

• Document your hours and prepare for claims.

Documents to upload:

• Pay stubs, schedules, training records, job descriptions, CVS Pharmacy policies.

Questions to ask Caira:

• “Am I properly classified as exempt?”

• “How do I calculate my unpaid overtime?”

• “What’s the deadline for filing in my state?”

• “Are there CVS Pharmacy class actions I can join?”

Empower Yourself

You have rights under federal and state law. Many employees succeed by documenting everything and following the proper steps. Deadlines matter—act promptly to protect your claims.

Caira can help. She’s easy to chat with.

Caira helps you feel more confident and less anxious about employment law issues—whether you’re facing overtime, wage claims, or just want to understand your rights. Backed by 50,000 legal documents for all 50 states, Caira can:

• Answer your questions instantly 24/7

• Review and explain emails, policies, or termination letters

• Draft statements or responses for HR or agencies

• Give feedback on your filled-in forms or the other party’s arguments

• Analyze your uploaded documents, screenshots, or pay stubs

• Help you track deadlines and next steps for your state

Try Caira for free—no credit card required.

This information is for educational purposes and is not legal, financial, or tax advice. Wage and hour law is complex and fact-specific. Outcomes vary depending on the evidence submitted and its strength.