Los Angeles, CA: Costco Wholesale Corp. is facing an unpaid overtime class action lawsuit filed by pharmacists and department managers at its California stores. The lawsuit also claims the wholesale outlet failed to provide appropriate rest and meal breaks.
The named plaintiff in the complaint, Paula Dittmar, alleges Costco violated California labor law by requiring its pharmacists and department managers to work substantial periods of time off the clock without proper compensation. "Despite having worked such overtime, plaintiff and the pharmacist class and department manager class were not compensated for this time at the applicable overtime rates," the lawsuit states.
In the lawsuit, Dittmar states she was hired in August 2010 as a pharmacist at a San Diego-area Costco. IN June 2011, she became manager of the store's pharmacy department and remained in that position until she was terminated in December 2013 for undisclosed reasons.
Dittmar further states that pharmacists and department managers, including herself, were required to work off the clock without pay, including from home, while sick or on vacation, and while traveling to and from stores other than their "home stores."
Additionally, Dittmar states that Costco failed to compensate those employees for expenses including automobile mileage, failed to provide appropriate rest and meal breaks and failed to pay pharmacists and department managers who quit or were terminated unpaid wages and accrued, unused vacation wages either at the time of discharge or within 72 hours.
The proposed class action seeks to represent two classes, the first being a class of all current and former nonexempt pharmacists employed by Costco in California within four years before the filing of the suit. The second class would include current and former nonexempt department managers employed by Costco in the state during that span. The lawsuit asks for damages for unpaid overtime, unpaid wages and nonreimbursed gas mileage, along with punitive damages, attorneys' fees and other relief.
Dittmar is represented by Gartenberg Gelfand Hayton & Selden LLP and Caskey & Holzman.
