CVS Class Action: WARN Act and Labor Code Violations Alleged

Case Overview: A class action lawsuit claims CVS violated the WARN Act and California Labor Code by failing to provide proper notice of layoffs and denying employee rights.

Consumers Affected: Current and former CVS employees in California who were laid off in January and February 2024.

Court: U.S. District Court for the Northern District of California

CVS California mass layoffs

Employees Claim CVS Failed to Provide Proper Notice of Layoffs

CVS Health Corporation and CVS Pharmacy Inc. are facing a proposed class action alleging violations of the federal Worker Adjustment and Retraining Notification (WARN) Act, the California WARN Act, and various provisions of the California Labor Code related to wages and breaks.

Filed by Gabriela Gonzalez in the United States District Court for the Northern District of California, the case stems from layoffs that occurred in January and February 2024. Gonzalez and over 50 other employees allege that they were laid off without receiving the 60 days' advance written notice required by the federal and California WARN Acts.

Gonzalez, who worked as a nurse practitioner at a CVS MinuteClinic in San Francisco, claims that she and other employees were routinely required to work off the clock, had their rest and meal breaks interrupted, and were denied their scheduled rest breaks.

CVS Violated WARN Act and California Labor Code, Lawsuit Claims

The WARN Act requires employers with 100 or more employees to provide at least 60 days' written notice of mass layoffs or plant closures. This notice period is intended to give workers time to prepare for job loss and seek new employment opportunities.

The lawsuit alleges that CVS violated the WARN Act by failing to provide the required 60-day notice to employees who were laid off in January and February 2024. It also claims that CVS violated the California Labor Code by requiring employees to work off the clock, interrupting their rest and meal breaks, and denying them their scheduled rest breaks.

Other Companies Face Similar Lawsuits Over Labor Law Violations

This lawsuit against CVS is not unique. Several other companies have faced similar class actions alleging violations of the WARN Act and other labor laws. In one instance, a former Tesla employee filed a class action against Tesla Inc. in a California federal court, alleging violations of the WARN Act in connection with mass layoffs that began in April 2024.

In another case from May 2024, nine former employees of the Philadelphia University of the Arts (UArts) filed a class action against the university, alleging that it violated the WARN Act by abruptly closing with only a week's notice.

Also in May 2024, a Red Lobster employee filed a lawsuit against the seafood restaurant chain, alleging that she and other workers were illegally laid off without notice.

In the CVS mass layoffs class action lawsuit, Gonzalez seeks to represent all current and former CVS employees in California who were laid off in the January and February 2024 reduction in force. The case demands various forms of relief, including back pay and benefits for the 60-day period that should have been provided under the WARN Act, compensation for lost wages and benefits due to violations of the California Labor Code, and an injunction requiring CVS to comply with the WARN Act and the California Labor Code in the future.

Gonzalez aims to hold CVS accountable for its alleged violations of labor laws and to provide redress to employees who were harmed by the company's actions.

Case Details

  • Lawsuit: Gabriela Gonzalez v. CVS Health Corporation and CVS Pharmacy, Inc.
  • Case Number: 3:24-cv-08156-TSH
  • Court: U.S. District Court for the Northern District of California

Plaintiffs' Attorneys

  • Jason S. Lohr (Lohr Ripamonti LLP)

Were you affected by the CVS layoffs in California? Share your experience in the comments below.

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