265 F. Supp. 3d 131
D. Mass.2017Background
- Plaintiffs Barbara St. Pierre and Lynn Guillotte were hourly pharmacy technicians at CVS Store No. 8 (Shrewsbury, MA); trial on Wage Act, Minimum Wage, and breach of contract claims after bench trial.
- CVS required completion of mandatory LEARNet online training; CVS policy (and corporate materials) treated LEARNet training as compensable work, but the store operated on a fixed monthly hours budget that limited scheduled training during shifts.
- Store-level practice: managers and Lead PTs routinely instructed PTs to complete LEARNet training off‑shift (at home); Plaintiffs were told by supervisors that off‑shift LEARNet time would not be paid.
- CVS’s LEARNet records log completions and login times but do not reliably record time spent or logouts; SiteMinder login/logout records that might have shown more were destroyed by CVS.
- Plaintiffs reported off‑shift training to supervisors but were not paid; trial factfinder credited plaintiffs’ testimony estimating unpaid training time and adopted a monthly unpaid-hours estimate of 2.63 hours for each plaintiff to calculate damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs must prove employer actual/constructive knowledge of unpaid off‑shift training | Plaintiffs argued knowledge proof not required; alternatively, they showed CVS knew | CVS argued employees must prove actual/constructive knowledge (citing Vitali) and that knowledge by low‑level supervisors is insufficient | Court found CVS had actual knowledge (Lead PTs, pharmacy managers, store manager) and plaintiffs prevail under either standard |
| Whether mandatory LEARNet training done off‑shift is compensable work | Plaintiffs: LEARNet training is compensable and was required, so off‑shift training is paid work | CVS conceded training is compensable but argued employees failed to follow reporting procedure and employer lacked reliable records | Court found training is compensable; plaintiffs reported time and were told it would not be paid; CVS liable for unpaid wages |
| Whether an employment contract existed covering payment for training time (breach of contract) | Plaintiffs: at‑will employment contract to perform mandatory training for wages; CVS breached by not paying | CVS contended no contract obligation to pay for off‑shift training | Court: plaintiffs proved an implied employment contract and breach; breach damages awarded (Guillotte for pre‑statute‑cutoff period as well) |
| Proper method to estimate damages when employer records are inadequate (Anderson standard) | Plaintiffs: employer’s deficient records justify relying on plaintiffs’ reasonable approximations | CVS: argued LEARNet/lab timing data and destroyed SiteMinder records undermine plaintiffs’ estimates | Court applied Anderson v. Mt. Clemens Pottery Co., found employer failed to keep adequate records, accepted a reasonable approximation (2.63 hours/month) and awarded trebled Wage Act damages plus prejudgment interest on base amounts |
Key Cases Cited
- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (applicable standard for approximating damages when employer records are inadequate)
- Vitali v. Reit Mgmt. & Research, LLC, 36 N.E.3d 64 (Mass. App. Ct.) (discussion of standard for employer knowledge in wage claims)
- Integrity Staffing Sols., Inc. v. Busk, 574 U.S. 27 (2014) (Supreme Court decision referenced concerning compensable work and statutory context)
- George v. Nat’l Water Main Cleaning Co., 77 N.E.3d 858 (Mass.) (prejudgment interest rules for Wage Act awards)
- Pforr v. Food Lion, Inc., 851 F.2d 106 (4th Cir.) (authority cited by defendant on limits of employer notice of off‑the‑clock work)