111 present and some former RSR’s have thus far joined the Hershey overtime lawsuit seeking fair compensation for unpaid overtime. (Case Number 3:11-CV-05117-BZ). Previously, Hon. Magistrate Judge Bernard Zimmerman ruled in the first Hershey overtime case that employees were not exempt from overtime. That case then settled but Hershey did not change its overtime practices and a second suit was filed in 2011. Hershey then 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.
Most RSRs were forced to work 15-20 hours of overtime per week without compensation.
Hershey was ordered by the Court to provide the names and addresses of RSRs so that we could provide RSRs with a Court approved Notice of their right to join the Hershey RSR Overtime Case by June 30, 2012. (Case Number 3:11-CV-05117-BZ) However, 86% of the contact information we were provided was incorrect. As a result of Hershey’s error, hundreds of eligible present and former RSRs with claims for unpaid overtime did not get proper Notice, and the clock is ticking on their right to seek overtime compensation.
The Court then ordered an extension to July 13, 2012 for those who received improper notice, about 420 people, but kept the June 30, 2012 date in effect for all others.
Confused? To be on the safe side of protecting 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/
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