Pepsi Merchandisers File Lawsuit For Overtime Pay Under FLSA – Federal Motor Carrier Exemption Does Not Apply To “Non-Exempt” Employees

The Fair Labor Standards Act states that it protects employees working for a company that does the following:

• Engages in interstate commerce,
• Produces goods for interstate commerce,
• Handles, sells, or works on goods or materials that have been moved in or produced for interstate commerce.

Speaking with an employment lawyer who knows how the federal wage laws apply to your situation can be beneficial, especially if it means you are entitled to overtime wages that you were not paid by your employer.

Case in Point

A group of 35 current and former employees filed a lawsuit against Pepsi claiming that the company failed to pay them overtime according to the FLSA.

The lawsuit claims that Pepsi paid the employees according to terms set out in a 2007 union agreement, but those terms do not meet federal requirements for overtime pay.

The lawsuit claims that Pepsi willfully violated the federal wage and overtime laws because the company knew that the employees could not be classified under the Federal Motor Carrier exemption, but refused to pay employees overtime wages.

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