Frito-Lay has just agreed to pay a $1.6 million to settle and wage and
hour lawsuit filed on behalf of current and former employees. The employees
involved in the Fair Labor Standards Act (FLSA) lawsuit were in charge
of delivering Frito-Lay products to store and arranging in-store displays.
The employees alleged that the company failed to pay them for all their
time worked, including overtime. The workers also claimed that they were
not compensated for time spent working through meal periods and lunch
breaks. Pursuant to the FLSA, non-exempt employees are entitled to overtime
pay at a rate of one and one-half times their regular rate of pay for
all hours worked in excess of forty in any one work week. If you have
questions about the FLSA or and other wage and hour concern, it’s
important to consult with a knowledgeableAtlanta overtime pay attorney right away.
Even though FLSA provisions sound straightforward, they are far from simple.
In fact, the overtime laws are incredibly complex, and employers often
inadvertently – or purposefully – fail to pay all the overtime
to employees that they should. As a result, unpaid overtime is one of
the most frequent sources of employee complaints, and overtime class action
cases are probably the fastest growing type of employment litigation in
our federal court system.
If you believe that you have been denied overtime or that your employer
has committed some other violation of the wage and hour laws, you don’t
have to file an EEOC claim as you would in a typical discrimination case.
Instead, you can hire a private attorney and file suit as soon as you
discover the violation. If other people at your company have also been
denied overtime, you may be able to file a special type of FLSA class
action, known as a collective action, which will help you bring the maximum
pressure to bear on your employer to change its ways and to pay you all
the compensation you are owed.
In this instance the employees of Frito-Lay alleged that the company calculated
overtime pay “using an illegal fluctuating workweek rather than
… a forty hours workweek.” Because of the “fluctuating
workweek” pay schedule, employees ended up getting paid less for
overtime and they were also deprived of “the ability to take timely
breaks free from work obligations.”
While Frito-Lay denies liability, it agreed to pay $1 million to close
to 4,000 employees to settle the case.
For more information about the FLSA or if you have a wage and hour question,
please contact the experiencedGeorgia overtime attorneys The Buckley Law Firm, LLC for an immediate consultation.