Parties in Suit Alleging Walgreens Did Not Provide Breaks for Pharmacists Seek Approval Settlement

The parties in a class action against Walgreens alleging that the company did not provide pharmacists with off-duty breaks are proposing a settlement of $6.8 million, with approximately $3.8 million distributed among class members.

The settlement class includes 4,629 members, all pharmacists employed by Walgreens during the class period, July 27, 2014, through the settlement approval date or March 14, whichever comes first, the settlement explained.

Named plaintiff Marcie Le filed the original complaint in the Central District of California on July 27, 2018, alleging five causes of action against Walgreens: “failure to provide rest and meal periods or premium pay in lieu thereof … (2) failure to provide complete and accurate wage statements … (3) failure to pay earned wages when due … (4) failure to maintain accurate records … and (5) unfair business practices.” The first amended complaint added a named plaintiff, Karen Dao, who brought another cause of action pursuant to the California Labor Code Private Attorneys General Act (PAGA).

According to the settlement, both parties agreed to the proposed settlement on Dec. 14, 2020, after ceasing the ongoing litigation in concurrence that this would be the best route to avoid protracted proceedings. The defendants have not admitted to the conduct alleged by the class but still agreed to settle, according to the settlement.

A declaration by the plaintiffs’ counsel proposed for the named plaintiffs to each receive $10,000 as part of the settlement “intended to recognize and compensate them for their commitment to, and active participation in, this litigation,” the declaration said. The rest of the class members, on average, each will receive $822.71.

The plaintiffs are represented by King and Siegel, V. James DeSimone Law, and Lieff Cabraser Heimann and Bernstein. Walgreens is represented by Bryan Cave Leighton Paiser.