Pennsylvania Record

Tuesday, April 7, 2020

CVS will not face class action from former pharmacy techs; Philly judge won't certify class

Lawsuits

By Takesha Thomas | Sep 3, 2018

Cvs
CVS Pharmacy did not violate state rules when requiring pharmacy technicians to take certification courses outside of work hours, judge rules. | Wikicommons

PHILADELPHIA –– A former CVS Pharmacy technician lost a renewed class action lawsuit to recoup wages lost during certification classes.

On Aug. 16, Judge Gerald Austin McHugh of the U.S. District Court for the Eastern District of Pennsylvania ruled CVS Pharmacy did not violate state rules when requiring pharmacy technicians to take certification courses outside of work hours. 

Former employee Keith Robert Dean Jr. alleged CVS's practices violated state wage protection statutes and basic contract law. Dean filed the class action lawsuit against the pharmacy chain on behalf of pharmacy technicians who were employed with the company since 2010.  

However, McHugh found Dean's attorneys failed to provide enough evidence that CVS violated any employment laws. McHugh called Dean's situation an "anomaly" and the result of "ill-informed" supervisors. 

"CVS does not dispute that pharmacy technicians are entitled to be paid for training time, whether completed on-site or on the employees’ own time," HcHugh wrote.

According to court documents, Dean completed training modules on his own time after hours. When he asked for compensation, his supervisors told him no, Dean claims. 

CVS attorneys submitted declarations from dozens of stores and pharmacy managers who disputed Dean's claims.

"Given that CVS policy entitles technicians to payment for training, the real question is whether the record reflects a pattern or practice of violating the policy," McHugh wrote. "Here, plaintiff's failure to uncover evidence of other technicians denied pay in the same manner as he was, or denied pay at all, weighs heavily against certification."

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Organizations in this Story

U.S. District Court for the Eastern District of PennsylvaniaCVS/caremark