Plaintiff Suzanne Shotorbani claims the nation’s largest pharmacy retailer regularly required employees to “perform work tasks before and/or after their scheduled shifts, and/or during off-the-clock meal breaks and/or during rest breaks” due to understaffing and unreasonably high workloads without being properly compensated. As well, CVS is accused of altering records by clocking employees out so it appears that the company is complying with labor laws.Shotorbani was employed in 2007 as a CVS shift supervisor until she was terminated in March 2024. In her 19-page PAGA complaint, Shotorbani alleges that CVS failed to:
- Furnish accurate, itemized wage statements when requested
- Notify employees of any paid sick leave and accruals
- Reimburse workers for business-related out-of-pocket expenses
- Follow overtime and double-hour rules
- Provide meal breaks and rest periods
- Pay the minimum wage
- Maintain accurate itemized payroll records
- Report time wages to be paid
- Pay wages in split shifts
- Pay wages earned on time
- Pay in full upon dismissal
According to Top Class Actions, a PAGA lawsuit could lead to a set of statutory fines of between $50-$100 for the first employment law violation per pay period and double that for the second offense and beyond. Three-quarters of the fine would be allocated to the Labor and Workforce Development Agency, which is responsible for enforcing labor laws and informing employers and employees of their rights and responsibilities. Current and former non-exempt CVS hourly employees will be paid the remaining 25 percent.
The CVS class action lawsuit is Suzanne Shotorbani v. CVS Pharmacy Inc., case number 24VECV02441.
Similar Lawsuits
CVS isn’t the only company hit with these allegations. Within days of Shotorbani’s filing, Chanel and Paramount Pictures were slammed with similar PAGA lawsuits. Employees claimed they weren't paid for all hours worked, including missed meal breaks and overtime, and/or they weren’t reimbursed for out-of-pocket expenses.
And CVS Pharmacy in California isn’t the only CVS in the country understaffed. In February 2024, The Ohio Board of Pharmacy and CVS announced a settlement totaling $1.5 million in fines and fees for critical understaffing at 22 Ohio stores. Ohio Capital Journal reported that current and former CVS pharmacists and technicians were run ragged, and CVS district and regional management “sometimes ignored their pleas for help even when it was available”. The understaffing problems led to delays in filling prescriptions as long as a month; improperly filled prescriptions that in at least one instance resulted in patient harm; a lack of controls and the loss of opioids and other dangerous drugs; and adulterated or expired medications persisting on pharmacy shelves month after month.