On June 5, 2012 the Hon. Magistrate Bernard Zimmerman filed a new Order extending the Time to join the Hershey RSR overtime lawsuit to July 13, 2012 for those RSRs who Hershey provided incorrect addresses which resulted in 86% of eligible RSRs not receiving correct notice of their rights. (Case Number 3:11-CV-05117-BZ) Mailing of corrected notice begins today.
This Order only applies to the 420 people who did not receive the correct Notice. For all others the deadline is still June 30, 2012. If you are inclined to opt-in, then we urge you not to wait until near the deadlines, as you could be losing a day of potential recovery for each day you wait.
So to be on the safe side, if you wish to join to protect your rights, you should send in your Consents as soon as possible.
If you are/were a California RSR you have a four year window. Here is your notice
All individuals who are or were employed by The Hershey Company as a Retail Sales Representative in California from any time up to four years prior to the date the individual’s “Consent to Join” is filed to January 28, 2012,
If you are a Non California RSR you have a three year window: Here is your notice
All persons who are or were employed by The Hershey Company as a Retail Sales Representative in the United States from any time up to three years prior to the date the person’s “Consent to Join” is filed, to January 28, 2012
Attention Former RSR’s
Those of you who were former RSR’s at the time of the first Hershey suit in September 2010 who did NOT join the first suit will not receive Notice BUT MAY STILL BE ELIGIBLE TO JOIN this case.
As of this date 104 people have joined the suit and many more are expected to join to obtain overtime compensation wrongfully denied them.
Hershey changed its policy in early 2012 to allow RSRs to receive some overtime pay, but made no provision for any of the overtime worked by RSRs in the years before. This case seeks recovery for monies owed to present and former RSRs who were not compensated for their countless overtime hours.
Current and Former RSRs should note they are protected from retaliation or discrimination from Hershey by joining the suit. The Notice provides:
VIII. NO RETALIATION OR DISCRIMINATION PERMITTED
Federal and state law prohibits Hershey from taking adverse action against persons based upon the fact that they have exercised their rights to participate in this lawsuit. So if you are presently an RSR, Hershey is barred from retaliating against you for participating in this lawsuit.
For more information go to https://brandilaw.com/practice-areas/more/employment-class-action/
The Brandi Law Firm
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David C. Feola
HOBAN & FEOLA, LLC
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