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))

Attorneys

Charles Scalise

Staff

Jon D. Rankin

Type of Case

Unpaid Overtime

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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 protected] to confirm if you are eligible.

 

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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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