A. CVS Lawsuit: How to Get Involved
On August 2, 2016, the District Court for the Western District of Missouri granted conditional certification to a nationwide class of current and former customer service representatives who claim that the healthcare giant CVS Healthcare owes them unpaid overtime wages. You can find a copy of the order commemorating this major victory in the CVS Lawsuit allowing our law firm to send out notice to all eligible workers’ here.
Eligible workers wishing to get involved in the CVS Lawsuit may do one of the following to get involved:
- Simply fill out a consent form found at cvsovertimelawsuit.com;
- Mail back the consent form they received as a result of the court order;
- Fax back the consent form they received to (952) 404-5750;
- Scan and email the consent form back to Claims@cvsoverimelawsuit.com; or
- Call (866) 704-8643 to ask any questions to get involved.
WARNING: Employees in federal overtime actions can only recover wages dating three years back from the date they file their consent in federal court in an unpaid wage lawsuit. As a result, Employees that do not timely file their consent in a in the CVS Lawsuit may lose money each and every day they fail to file their consent in a federal lawsuit.
B. CVS Lawsuit: Basics
Our Law firm filed the on behalf of CVS call center employees across the country who were not paid for required pre-shift work. Specifically, the lawsuit claims the following:
- CVS required customer service agents to be “call ready” for their phone calls
- This required customer service agents to get to CVS call centers early to login to system, programs, and other necessary interfaces
- CVS, however, failed to pay them for this pre-shift work
The CVS lawsuit seeks to recover double the amount of wages due to each individual that joins the lawsuit. You can find a copy of the currently live Second Amended Complaint filed in the CVS lawsuit here.
C. CVS Lawsuit: Call Centers Where Eligible Individuals Worked
The CVS lawsuit indicates that CVS Health and Caremark call centers across the country violated the Fair Labor Standards Act. The overtime lawyers handling the case are currently investigating claims against CVS at call centers at the following locations:
- San Antonio, Texas
- Chandler or Phoenix, Arizona
- Lee’s Summit, Missouri
- Monroeville or Pittsburgh, Pennsylvania
- Fairfield, New Jersey
- Lincoln or Cumberland, Rhode Island
- Buffalo Grove or Mount Prospect, Illinois
- Nashville and Knoxville, Tennessee
- Solon, Ohio
If you worked at any of the above call centers and went unpaid for overtime work, you should have received a consent form in the mail. If you have any questions about your eligibility or about how to join the lawsuit, please call (952) 404-5750
D. CVS Lawsuit: Frequently Asked Questions
Will I be able to collect damages if I don’t join the CVS lawsuit?
No. You have to file a consent form to collect damages in the CVS lawsuit. If you would like paperwork, please contact us at 214.749.1400 or email us at Jack@siegellawgroup.biz.
Why? Isn’t this a class action?
No, this is not a class action. It is a collective action. In a collective action individuals must opt-in to the lawsuit to recover damages.
Will everyone collect the same amount of damages?
No. Your damages are based on your rate of pay, hours worked, and time period with the company. If you made more money and worked for a longer time period, you will likely recover more than your coworkers that didn’t work as long.
What will this cost me?
Nothing. We cover all fees and costs associated with the litigation. We will only recover a percentage of the recovery if we’re successful.
E. CVS Lawsuit: Protections Against Retaliation
No, it is unlawful for CVS or any other entity to terminate or take an adverse action against a customer service agent for participating in the CVS Lawsuit. If CVS or any entity terminates you based on your participation, you would be eligible for a FLSA retaliation lawsuit that could allow you to obtain back wages, front wages, compensatory damages, and job restoration.
F. CVS Health Lawsuit: Case Information
We and three other law firms represent the potential class of customer services representatives in the CVS Health lawsuit. The lawsuit is currently pending in the United States District Court for the Western District of Missouri, Western Division, Case No. 4:14-cv-583-SRB.