Judge dismisses pharmacist’s CVS overtime lawsuit

U.S. District Court Judge Mark Kearney recently dismissed the class-action lawsuit of a Pennsylvania pharmacist who claimed CVS failed to pay him overtime pay.

Judge Kearney of the U.S. District Court for the Eastern District of Pennsylvania ruled that pharmacist Junius Baugh’s lawsuit was not filed within the statute of limitations.

According to Law360, the judge ruled that Baugh failed to prove that CVS’ alleged failure to pay overtime wages was willful and, thus, there was no justification to extend the federal statute of limitations from two years to three years.

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“Following review of the record evidence and the oral argument, Baugh adduces no evidence leading this court to find CVS knew or showed reckless disregard for whether its conduct toward him violated the [Fair Labor Standards Act] during the relevant period sufficient to create a genuine issue of material fact,” the judge said.

Baugh was a former assistant pharmacist for several stores in the Philadelphia area. His lawsuit alleged that more than 1,000 pharmacists are owed unpaid overtime wages.

According to Baugh, CVS violated state and federal law by employing him more than 40 hours per week but failing to pay overtime rates for the additional hours.

 Baugh alleged that during one two-week pay period he worked between 100 and 130 hours. Instead of being paid $88.40 for the overtime hours, Baugh alleged that CVS paid him his regular hourly rate of $58.93 for all hours worked.

Baugh alleged that at least 10 times he worked more than 50 hours in a week but was not paid overtimes rates for the hours past 40.

Judge Kearney ruled that Baugh might be able to pursue his claim under Pennsylvania state law.