Pa. Judge Tosses CVS Pharmacist's OT Class Action

Law360, Philadelphia (July 27, 2015, 1:37 PM EDT) -- A Pennsylvania federal judge on Friday tossed a pharmacist's putative Fair Labor Standards Act class action against CVS Caremark Corp., finding that the suit was filed after the statute of limitations had been tolled.

U.S. District Court Judge Mark Kearney said that plaintiff Junius Baugh, a "floater pharmacist" who worked at a number of Philadelphia-area stores, did not show any evidence that the firm's failure to pay overtime wages was willful, concluding that there was no justification to stretch the statute of limitations from two years to three years.

"Following review of the record evidence and the oral argument, Baugh adduces...

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