Katie Jackson has filed a collective and class action complaint against Walgreen Pharmacy Services Midwest, LLC. The complaint was filed in the United States District Court for the Northern District of Illinois on May 21, 2024. Jackson alleges that Walgreens failed to compensate its employees for all hours worked, including overtime, in violation of the Fair Labor Standards Act (FLSA) and common law.
The complaint details systemic issues within Walgreens' employment practices, particularly affecting call center agents who are compensated on an hourly basis. According to Jackson, these agents were required to perform various off-the-clock tasks such as booting up computers, logging into software programs, and logging into phones before their shifts officially began. These tasks were integral to their job duties but went uncompensated. "Defendant required its Agents to begin work prior to their scheduled shifts," states the complaint, emphasizing that failure to do so could result in poor performance evaluations or even termination.
Jackson's allegations extend beyond pre-shift activities. She claims that agents were also required to log back into systems during unpaid meal breaks and perform post-shift tasks without compensation. This practice allegedly resulted in agents working over forty hours per week without receiving the appropriate overtime pay. "The U.S. Department of Labor recognizes that call center jobs are homogenous," the complaint notes, referencing Fact Sheet #64 issued by the Department of Labor which condemns non-payment for necessary pre-shift activities.
The plaintiff seeks compensation for all off-the-clock work performed by herself and other similarly situated employees over the past three years. This includes liquidated damages, prejudgment interest, attorneys’ fees, and costs pursuant to 29 U.S.C. § 216(b). The complaint also calls for class certification under Rule 23(b)(2) and (b)(3) for breach of contract and unjust enrichment claims.
Representing Katie Jackson is Matthew L. Turner from Sommers Schwartz P.C., along with Albert J. Asciutto whose pro hac vice application is forthcoming. The case has been assigned Case ID: 1:24-cv-04178.