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))
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 email@example.com to confirm if you are eligible.
What is a collective action?
This case is a potential collective action under federal law. The idea behind a collective action is it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims.
Which locations are included?
This case seeks to include hourly and salaried non-exempt (overtime eligible) employees who work or worked for Frito-Lay, Inc., Rolling Frito-Lay Sales, LP, and/or FL Transportation anywhere across the country between December 11, 2021 through February 12, 2022 when the ransomware outage impacted pay.
How do I make a claim?
More information will be provided later to those eligible to participate in the settlement.
What timeframe does this matter cover?
The claim has what is called a statute of limitations that allows workers to recover damages within specific time periods. Under federal law, the statute of limitations is up to two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that Frito-Lay willfully violated the law, then the statute of limitations may be extended to up to three years.
Do I have to pay anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
How do I prove if I worked overtime?
We will seek records from the company of your time worked and overtime paid in order to determine whether you have damages.
Can I be retaliated against for making this claim?
How long will this take?
The length of these matters varies but can typically last one to three years.
Is there money available now?
While a settlement has been reached, no money is available now. Details about the settlement will be sent to those who are eligible once the Court approves it.
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.
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