Update – April 15, 2016: Notice of Final Approval
If you received notification that you were a class member in one of those cases, entitled (in alphabetical order) Bystrom v CVS, Connell v CVS, Sharobiem v CVS, Paksy v CVS and/or Uppal v CVS, we have now received final approval of our settlements in each of those five cases, with very slight changes to the terms requested. If you have any questions, please don’t hesitate to contact us at your convenience.
Our thanks to all of you who helped us achieve the goal of obtaining serious monetary recompense for all six regions of CVS in California over the past several years. We are grateful for your courtesy and assistance in assisting us toward our goals of helping CVS pharmacists throughout the state.
Update: January 4, 2016
UPPAL – Last date to file a claim is January 4, 2016.
CONNELL, PAKSY & BYSTROM – Last day to file a claim is January 8, 2016.
SHAROBIEM – If you get a settlement notice packet IN ADDITION TO ANY PREVIOUS CLAIM FORMS on the Uppal case, or on the Connell, Paksy and/or Bystrom case, that is an ADDITIONAL SETTLEMENT SHARE that you are likely to be awarded for your work done in Region 60, i.e., that with which the Sharobiem case is concerned. The judge assigned to the Sharobiem case has allowed the Region 60 settlement to move forward without pharmacists having to submit claim forms. If you believe you worked 7 or more days in a row in Region 60 at any point from November 2009 through to the present, and you did not receive a Sharobiem settlement notice packet, please call KCC, the settlement administrator, at (866) 545-7415, or the Law Offices of Thomas W. Falvey at (818) 547-5200.
Update: MORE THAN HALF OF CLASS MEMBERS HAVE FILED CLAIMS in both the Uppal case, and the cases of Connell, Paksy & Bystrom v. CVS
The deadline for filing a claim in Uppal has been extended to January 4, 2016. If you have any questions, please call KCC, the third party administrator handling the claim, at 866-497-4051.
The deadline for filing a claim in the cases of Connell, Paksy and Bystrom have been extended to January 8, 2016. If you have any questions, call KCC, the third party administrator handling the claim, at 866-472-6948.
FINALLY, IF YOU ARE SENDING A CLAIM BY MAIL, please send it certified mail, return receipt requested, and keep copies of the claim form and receipts in a safe place.
Update: Dec. 7, 2015 – Motion for Preliminary Approval Now Granted for all Five Cases
We’re pleased to announce that we were finally able to obtain approval of our Motion for Preliminary Approval of Settlement for the case of Sharobiem v CVS. However, note that as of this date, the settlement notice has not yet been mailed out for Sharobiem v. CVS (Region 60) class members. We expect that Region 60 pharmacists will receive their settlement notices by the very end of December.
These cases all deal with overtime for pharmacists who worked for CVS in California during the past several years on a 7th consecutive day of work, irrespective of whether those days arose over any two-week period (e.g., from Wednesday to Wednesday).
Should you believe you qualify to be a class member in the Sharobiem case (Region 60), please be on the lookout for your settlement notice. If you do not receive it by the beginning of January, please contact KCC, the third-party administrator that is coordinating the mailing of the settlement notice packets at that time (neither KCC nor we will have any specific information to give you until the class data is finalized and the settlement notices are mailed out). We will post a specific KCC phone number for the Sharobiem lawsuit over the course of the next few weeks.
In the meantime, please note that no claim forms will be required for Sharobiem v. CVS. If you want to participate in this settlement, all you need to do is make sure that the settlement notice reaches you at the proper mailing address. If the judge assigned to Sharobiem v. CVS gives his final approval of the settlement, checks will be mailed out to those same addresses on file. Based upon the Court’s prescribed notice requirements, checks would not be mailed out before the end of April 2016 at the very earliest.
Because there are various dates by which class members in the other four cases (Connell, Paksy, Bystrom and Uppal) have to take action, there are different deadlines by which one will have to file a claim in order to participate, and we urge you to send in a claim form at once if you have not done. If you worked for CVS in Regions 54, 65, 73 or 74, you must file a claim form to participate.
For the cases of Connell, Paksy and Bystrom (Region 54, 65, and 74), the filing date has been extended to January 4th, 2016, and the contact number for KCC is 1-866-472-6948.
For the Uppal case (Region 73), the last date to file a claim is still December 18, 2016, and the contact number for KCC for these cases is 1-866-497-4051.
If you are a pharmacist who worked 7 days in a row during the past five years or so, and you’re not sure in which region you worked, please contact KCC at any of the numbers listed above, and someone will be able to assist you.
You may also call our office if you have any questions about your employment with CVS. Perhaps we can assist you in that regard as well.
Whether you worked a 7-day shift, or simply worked 7 days in a row from time to time, you might be a participant in one of these cases.
Update: Oct. 15, 2015 – Motion for Preliminary Approval Filed for Regions 54, 65 and 74
We’re pleased to announce that we were finally able to file our Motion for Preliminary Approval of Settlement for those three cases, and, the court (the Honorable Elihu Berle, Judge) recently approved. These three cases all deal with overtime for pharmacists who worked for CVS in California during the past several years on a 7th consecutive day of work, irrespective of whether those days arose over any two-week period (e.g., from Wednesday to Wednesday).
PLEASE NOTE; WE ARE IN THE PROCESS OF SEEKING HEARINGS FOR APPROVAL IN THE TWO REMAINING REGIONS, involving 7-day pharmacies, entitled Sharobiem v. CVS (Region 60) and Uppal v CVS (Region 73).
If you are a pharmacist who worked 7 days in a row during the past five years or so, and you’re not sure in which region you worked, please contact our office. Whether you worked a 7-day shift, or simply worked 7 days in a row from time to time, you might be a participant in one of these cases.
Likewise, if you ever worked at another store (floated), whether you had the title of floater or not, you may wish to contact our office to see if you worked in a region encompassed by one of our cases.
A conformed order regarding our MPA for these 7-day cases is attached.
Update: Oct. 18, 2013 – Court Rules in Favor of Plaintiff
We’re pleased to announce that on September 24, 2013, the court (the Honorable John Wiley, Judge) granted Plaintiff’s Motion for Summary Adjudication and ruled completely in Plaintiff’s favor, and against CVS, in finding that pharmacists were to be paid overtime for work done on a 7th consecutive day of work, irrespective of whether those days arose over any two-week period (e.g., from Wednesday to Wednesday), and further ruled that in requiring its pharmacists to work 7 days in a row, CVS was breaking the law. Please see a copy of the court’s MSA Ruling, attached.
Since that time, our offices have filed four more cases involving 7-day pharmacies, entitled Paksy v. CVS (for CVS pharmacists who worked in Region 54), Sharobiem v. CVS (Region 60), Connell v. CVS (Region 65) and Bystrom v. CVS (Region 74) . The case of Meneses v. CVS relates to those pharmacists who were employed in Region 72.
If you are a pharmacist who worked 7 days in a row during the past four years or so, and you’re not sure in which region you worked, please contact our office. Whether you worked a 7-day shift, or simply worked 7 days in a row from time to time, you might be a participant in one of these cases.
Likewise, if you ever worked at another store (floated), whether you had the title of floater or not, you may wish to contact our office to see if you worked in a region encompassed by one of our cases.
We look forward to hearing from you with any information, questions, comments or suggestions. Thanks very much.
Case Filed: July 10, 2013
As some of you know, on August 12, 2012, we filed a class action on behalf of those pharmacists who worked 7-day shifts for CVS in the State of California who worked in CVS’s Region 72 (only) for unpaid wages.
Because of the nature of how CVS sets up its regions, and because CVS has not yet provided a list of those individuals who qualify to be in that class action, we do not know the names of all individuals who worked in that capacity. Thus if you were employed as a pharmacist in California for CVS during the past five years or so, and worked 7-day shifts (often called “Graveyard” shifts), we would appreciate your calling us so we could tell you the facts of this case.
Likewise, if you worked 7-day shifts, but do not know in which Region you worked, or if you worked in multiple regions, please call us if you have any questions, or if you wish to find out if you might be part of this case.
Law Offices of Thomas W. Falvey 