Sevag Chalian worked as a pharmacist for CVS Pharmacy Inc. Chalian and other pharmacists are required by CVS to complete “mandatory training modules.” The employees were instructed to complete their training modules at home and CVS provided them remote access. The California Board of Pharmacy did not require these training for licensing purposes. Only CVS required them. Pharmacists spent hours completing the training, which CVS failed or refused to pay for.
Chalian filed a class action against CVS on behalf of himself and his fellow pharmacists claiming that CVS failed to pay all wages due for hours worked and failed to pay overtime for having to work off-the-clock.
Under California law, employees must be paid for all hours worked. “Hours worked” is defined as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” This includes all the time that the employee is required to be present at the workplace. It also includes regular “on-the-clock” hours as well as any “off-the-clock” time spent performing job-related activities which benefit the employer.
Off-the-Clock Work
Off-the-clock work is performed before or after the designated shift time. For example, employees may “come early” and start working before their official starting time. Or, after the shift, employees may spend time cleaning equipment, or doing “on the way home” activities such as...
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