We are litigating a collective action against CVS Pharmacy and its parent corporation Caremark alleging that the companies have systematically and intentionally misclassified assistant managers as exempt under the Fair Labor Standards Act (FLSA) for the express purpose of avoiding paying these employees overtime.
We allege that assistant managers are ordinary employees with little or no supervisory responsibilities, and do not qualify for the FLSA-exempt status CVS and Caremark have used to avoid paying overtime pay at the rate of time-and-a0half for hours worked over 40 hours per work week. Virtually all “assistant managers” at CVS are required to work a minimum of 45 hours per work week without any overtime pay.
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