Frito-Lay, Inc.

Montgomery et al. v. Frito-Lay, Inc., Rolling Frito-Lay Sales, LP, and FL Transportation
Case No. 3:22-cv-00185 (Northern District of Texas)

A lawsuit was filed against Frito-Lay on January 27, 2022, for unpaid overtime.

The Complaint states that the company, along with its subsidiaries Rolling Frito-Lay Sales, LP, and FL Transportation, violated the Fair Labor Standards Act (FLSA) by failing to pay the correct overtime between December 2021 and February 2022, due to a ransomware attack on their payroll system. The plaintiffs also claim that Frito-Lay used average earnings to calculate overtime pay instead of actual hours worked.

Frito-Lay may have attempted to correct these underpayments, but the plaintiffs believe that the calculations may not be accurate and that they may be entitled to additional damages under the law.

The lawsuit has been consolidated with a similar case in New York and is being handled in partnership with attorney Michele R. Fisher of Nichols Kaster in Minneapolis, Minnesota (Case No. 7:22-cv-06982 (S.D.N.Y))


Charles Scalise


Jon D. Rankin

Type of Case

Unpaid Overtime


Am I eligible?

Between December 11, 2021 and February 12, 2022, if you were a non-exempt/overtime eligible employee who worked overtime hours, you may be eligible for additional overtime pay, whether you were paid hourly or salaried. Please reach out to case manager Jon D. Rankin at (512) 379-5981 or to confirm if you are eligible.


What is a collective action?

Which locations are included?

How do I make a claim?

What timeframe does this matter cover?

Do I have to pay anything?

How do I prove if I worked overtime?

Can I be retaliated against for making this claim?

How long will this take?

Is there money available now?

I have additional questions.

Frito-Lay Case Update
December 26, 2022

Employees Pursue Case Against Frito-Lay For Damages Related to Ransomware Outage

The Court has granted preliminary approval of the settlement in the consolidated case Emanuele Stevens v. PepsiCo, Inc., Court File No. 7:22-cv-00802-NSR (Southern District of New York). Later this month, a third-party administrator will send a notice to the roughly 70,000 current and former Frito-Lay employees who are eligible to participate in the settlement. The final approval hearing before the Court has been scheduled for April 3, 2023.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.