On January 27, 2022, an overtime lawsuit was filed against Frito-Lay, Inc, Rolling Frito-Lay Sales, LP, and FL Transportation (“Frito-Lay”). The Complaint alleges Frito-Lay violated the federal Fair Labor Standards Act (“FLSA”) when it failed to pay correct overtime between December 2021 and February 2022 related to a ransomware outage on the Kronos payroll system. More specifically, the Complaint alleges Frito-Lay paid overtime based on employees’ average earnings rather than on the actual overtime hours worked. While Frito-Lay has or may be attempting to correct those underpayments, it is Plaintiffs’ position that those calculations may not be accurate and that they do not include the liquidated damages that may be available by law.
A settlement was reached in a related case filed in New York, that will include the claims brought in this action. This case has been transferred to New York for consolidation for settlement (Case No. 7:22-cv-06982 (S.D.N.Y)).
Our firm is partnered on this case with Daniel Ross and Charles Scalise ofRoss Scalise Law Group in Austin, Texas.
This case is entitled 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)
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Frequently Asked Questions
Q:How Do I Join This Case?
A:
More information will be provided later to those eligible to participate in the settlement.
Q:Am I Eligible?
A:
See AlsoHow does American chip expert Lay’s win over Chinese snackers?Striking To End 'Suicide Shifts,' Frito-Lay Workers Ask People To Drop The DoritosWhy Your Favorite Frito Chips Might Be in Short SupplyForget Pandemic Puppies. Meet the Inflation Chicken.If you were an hourly or salaried non-exempt/overtime eligible employee who worked overtime hours between December 11, 2021 and February 12, 2022, you may be entitled to additional overtime pay.
Q:Is This a Class Action? What Does that Mean?
A:
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.
Q:Which Locations Are Included?
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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.
Q:What Time Frame Does This Case Cover?
A:
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.
Q:Do I Have to Pay Anything?
A:
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.
Q:How Do I Prove I Worked Overtime?
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We will seek records from the company of your time worked and overtime paid in order to determine whether you have damages.
Q:What About Retaliation?
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It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid overtime wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit,contact the case clerk, Ignasi Dorca at (612) 256-3224 oridorca@nka.com.
Q:How Long Will This Case Take?
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The length of this kind of lawsuit varies, but typically lasts one to three years.
Q:Is There Money Available Now?
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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.
Q:How Do I Learn More?
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To learn more about this case, contact the case clerk, Ignasi Dorca at (612) 256-3224 oridorca@nka.com.
Case Updates
July 20, 2022
December 26, 2022
Frito-Lay Case Update
The Court has granted preliminary approval of the settlement in the consolidated caseEmanuele 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.
July 20, 2022
Frito-Lay Case Update
A settlement was reached in a related case in New York that includes the claims and persons in this action. That case is entitled,Emanuele Stevens v. PepsiCo, Inc., Court File No. 7:22-cv-00802-NSR (Southern District of New York). Plaintiffs have agreed to transfer this case to New York for consolidation with theStevens case for settlement. More information will be provided through theStevens case to those who are eligible to participate in the settlement once the Court approves it.
May 13, 2022
Employees Pursue Case Against Frito-Lay For Damages Related to Ransomware Outage
Hourly and salaried non-exempt (overtime eligible) employees are pursuing a lawsuit against Frito-Lay, Inc., Rolling Frito-Lay Sales, LP, and FL Transportation (collectively “Frito-Lay”). The Complaint alleges that Frito-Lay violated the federal Fair Labor Standards Act (“FLSA”) when it failed to pay correct overtime between December 2021 and February 2022 related to a ransomware outage on the Kronos payroll system. More specifically, the Complaint alleges Frito-Lay paid overtime based on employees’ average earnings rather than on the actual overtime hours worked. While Frito-Lay has or may be attempting to correct those underpayments, it is Plaintiffs’ position that those calculations may not be accurate and that they do not include the liquidated damages that may be available by law. The named Plaintiff is pursuing this case as a putative collective action under the FLSA on behalf of herself and others similarly situated.
Frito-Lay, Inc. manufactures and sells corn chips, potato chips, and other snack foods throughout the United State of America.
Plaintiffs are represented by Michele R. Fisher and Kayla M. Kienzle of Nichols Kaster, PLLP, and Charles Scalise and Dan Ross of Ross Scalise Law Group. The case isMontgomery et al. v. Frito-Lay, Inc., Rolling Frito-Lay Sales, LP, and FL Transportation, Case No. 3:22-cv-00185 (Northern District of Texas)
More information about the case and how Frito-Lay workers can make a claim for additional overtime pay and/or liquidated damages can be found at fritolaypay.com, by calling (877) 448-0492, or by emailing the clerk Ignasi Dorca at idorca@nka.com.
Attorneys
- Michele R. Fisher
- Kayla M. Kienzle
Staff
- Ignasi Dorca
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