Truck drivers who filed a class action wage lawsuit against PepsiCo await approval of a preliminary $5 million settlement. If the settlement is approved, PepsiCo will pay $5 million for failure to pay overtime and work done during lunch and rest breaks.
The payment will cover 1,800 drivers employed between Jan. 25, 2013 and the date the court approves the settlement. If each class member participates in the settlement, each driver will get an average of nearly $2,000.
Lawsuit Alleged Several Violations
The lawsuit was filed on March 6, 2017, alleging that the company failed to compensate truck drivers for time worked, including lunch and rest breaks, as well as overtime. The lawsuit alleged that PepsiCo consistently clocked drivers out for 30-minute meal periods, even though they often worked through them. The drivers, who were paid hourly, were also required to work more than four hours without a 10-minute rest period, violating California’s labor laws.
State law also mandates employers to pay workers one hour of pay for each day a rest period is not provided, but the lawsuit claims PepsiCo failed to do so. Furthermore, the lawsuit states that PepsiCo failed to pay wages owed to drivers who left the company or were terminated in a timely manner. In addition to all this, the complaint also states that the company failed to reimburse drivers for the use of cell phones for work duties.
Protecting Workers’ Rights
California employers must comply with state and federal wage-and-hour laws. California has also approved a gradual increase to the minimum wage based on employer size. This year, the minimum wage is $10.50 for employers with up to 25 employees and $11 for employers with 26 or more employees. In 2019, that will increase to $11 for smaller employers and $12 for larger employers. These yearly increases will continue until the year 2023 when all employers must pay a minimum wage of $15.
If you believe that your employer is not paying you due wages or if you did not receive payment promptly after you quit your job or were terminated, you may be able to file a Newport Beach employment lawsuit seeking compensation for back wages and other losses. It would be in your best interest to keep a good record of your hours worked and what you weren’t paid, and contact an experienced employment lawyer who will fight to protect your rights and best interests.
Source: http://www.landlinemag.com/story.aspx?storyid=72566
Ian Silvers
Ian Silvers is a partner and trial lawyer at Bisnar Chase, specializing in wage and hour violations and workplace violation class actions. He is dedicated to supporting workers and fighting for employee rights in California.