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Successful Defense in FLSA Suit

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April 4, 2018

The verdict in three-day trial in a collective action brought against a subsidiary of CVS Health Corp, Omnicare Inc., ended with a WV federal jury concluding that Omnicare did not violate the federal Fair Labor Standards Act (FLSA).

Robinson and McElwee, along with co-counsel with Jackson Lewis, successfully defended Omnicare, a company that sells and delivers medications primarily to nursing homes and care facilities, against the claim that the company had violated the FLSA by intentionally misclassifying a more than 200 drivers as independent contractors to avoid paying them overtime wages.