NJ Worker Sues CVS for FLSA Violation Related to COVID-19 Assignment Pay

On Monday, a pharmacy technician formerly employed by CVS Health Corporation (CVS) and its New Jersey affiliate filed suit for violations of the Fair Labor Standards Act (FLSA). The collective action details how the plaintiff was assigned to work on a vaccine administration project at a premium above her normal hourly rate, but received less overtime pay than she was owed as it was erroneously calculated using the lower base pay.

The District of Rhode Island suit explains that the plaintiff, employed with CVS in New Jersey since 2013, was assigned to a “long-term nursing care facility vaccine administration project” in December 2020. Then, her normal rate of pay was $16.67 per hour, but due to the fact that the plaintiff and other assignees had to travel to the care facility and bear the risk of heightened exposure to viral infection, CVS paid them a premium of $20.00 per hour.

The complaint argues that under the FLSA, the higher hourly rate should have formed the basis for the overtime pay the plaintiff received as a result of her work on the vaccine project. However, it claims that CVS shorted the plaintiff $3.33 per hour, calculating her overtime pay based on the $16.67 per hour rate instead.

The complaint states one claim for relief under the FLSA and asks the court to deem it a collective action on behalf of all CVS employees similarly situated. The lawsuit says that the pharmacy chain owes the plaintiff and putative class unpaid wages, liquidated damages, reasonable attorneys’ fees and court costs, and interest.

The pharmacy technician is represented by Law Offices of Peter N. Wasylyk and Migliaccio & Rathod LLP.