Pepsi Workers File Unpaid Overtime Class Action Lawsuit
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Pepsi Workers File Unpaid Overtime Class Action Lawsuit 

By Kimberly Mirando

 

Pepsi(LEGAFI) -- A federal class action lawsuit claims Pepsi failed to pay overtime to current and former merchandisers at the company’s McKees Rocks, Pennsylvania plant.

A group of 35 current and former Pepsi employees at the McKees Pepsi Plant filed the unpaid overtime class action lawsuit claiming that despite the fact they are or were non-exempt employees, Pepsi failed to pay them overtime compensation as required by law. The law requires that all non-exempt employees be paid at the rate of two and one-half times the regular hourly rate of pay for all hours worked in excess of 40 per week. Instead, they say, Pepsi is paying them overtime compensation in accordance with the terms set forth in a collective bargaining agreement signed with their union rep since January 2007, which does not meet the requirements of the law.

“Plaintiffs believe that Pepsi’s violation of the Act was willful because, despite knowledge that plaintiffs were not exempt under the Motor Carriers exemption or any other exemption…[Pepsi] continues to refuse to pay overtime compensation to plaintiffs and persons similarly situated in accordance with the Act,” the class action lawsuit states.

The Pepsi workers are seeking to recover unpaid overtime compensation, liquidated damages, attorneys’ fees and costs.

A copy of the Pepsi Worker Unpaid Overtime Class Action Lawsuit can be read here. The case is Dennis Thieret, et al. v. Pepsi Beverages Company.

 

 

Updated May 17th, 2011

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