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CVS Assistant Store Manager Overtime case moving along

I had reported earlier that CVS Caremark Corp. had been sued for overtime violations under the FLSA by an Assistant Store Manager.  That case was brought in March and is still pending and moving along.  The defendant, CVS Caremark Corp. had claimed that it was not the proper employer.  It has not entered into a stipulation allowing its national subsidiary, CVS Pharmacy, Inc. to be substituted as the proper defendant.

It has also filed a motion seeking to prevent the collective action treatment of this case, despite the clear trend of allowing such actions to be conditionally certified when they are based on a common job title and job description.  Family Dollar Store Managers were successful in December 2008 in winning a ruling from the 11th Circuit Court of Appeals affirming a $35,000,000 verdict in a similar case.

Plaintiff expects other Assistant Store Managers to opt in to the litigation soon and that it will successfully enforce their rights to overtime pay.