STATUS: Resolved

On September 4, 2009, Outten & Golden LLP filed a class and collective action lawsuit against CVS Caremark, Cruz, et al. v. Hook-SuperX, L.L.C., et al., No. 09 Civ. 7717 (PAC), in the Southern District of New York, on behalf of current and former Assistant Store Managers nationwide (except Florida and California). The lawsuit alleged that CVS misclassified Assistant Store Managers as exempt workers under federal and state wage and hour laws. CVS claimed that Assistant Store Managers were “executives” who were not entitled to overtime. The lawsuit claimed that Assistant Store Managers are not really “executives,” but that they performed mostly manual labor and customer service duties.

The lawsuit sought to recover unpaid overtime for Assistant Store Managers for all the hours they worked over 40 each week. Plaintiffs filed an amended complaint on June 14, 2010. The amended complaint included nationwide (except Florida and California) overtime claims under the Fair Labor Standards Act (FLSA) and state law overtime claims on behalf of Assistant Store Managers in New York, New Jersey, Massachusetts, Pennsylvania, North Carolina, Michigan, Connecticut, Maryland, Illinois, and Ohio.

The parties entered into a settlement agreement for $34,000,000 which the Court approved on April 9, 2012.

Please email Justin M. Swartz or call (212) 658-0142 for more information.

(*Prior results do not guarantee a similar outcome.)


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