On September 21, 2020, Fitapelli & Schaffer filed a class action lawsuit against Walgreen, Co. (“Walgreens”), America’s second largest pharmacy chain, for unpaid wages. The lawsuit specifically seeks to recover overtime compensation and other damages for similarly situated non-exempt hourly positions who work or have worked at Walgreens. Affected employees include cashiers, customer service associates, and greeters (collectively, “Hourly Workers”).
The pharmacy, which employs tens of thousands of hourly employees throughout the United States, pays its hourly workers on an hourly basis and shift bonuses. Despite paying its hourly workers, an hourly rate and overtime when working over 40 hours per work week, the company failed to calculate their shift bonus pay into their overtime rates as required by the Fair Labor Standards Act (“FLSA”). Additionally, manual workers employed by the pharmacy in New York State, were paid their wages bi-weekly despite the New York Labor Law (“NYLL”) requiring manual laborers to be paid their wages within seven calendar days after the end of the week in which these wages were earned. In this regard, Walgreens has failed to provide timely wages to all similarly situated Manual Workers in New York.
This action is brought on behalf of all other similarly situated Hourly Workers nationwide who elect to opt in to this action pursuant to the FLSA, as well as similarly situated Hourly Workers in New York pursuant to the NYLL. If you believe you may be affected by this lawsuit, please feel free to call us at (212) 300-0375. If you’ve worked in a similar industry, as an hourly retail worker, you may have similar claims. Larger companies often fail to include all forms of pay, such as bonuses, into overtime calculations, as required by law. Call us now for a free phone consultation or visit our website for helpful information regarding your rights.
You can also view the filed complaint here.