Frito-Lay paid overtime based on average earnings rather than on the actual hours worked due to the Kronos ransomware outage. Underpayment corrections may not include liquidated damages available under the law.
MINNEAPOLIS, MN, May 13, 2022 /24-7PressRelease/ — 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 is 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)
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 [email protected].
Nichols Kaster, PLLP, an employee, consumer, and civil rights firm has dedicated over 45 years to fighting for clients in individual and class action matters. With offices in Minneapolis, Minnesota and San Francisco, California, the firm is perfectly situated for the work it does representing plaintiffs in cases across the country. The firm has recently received a First Tier ranking on the 2022 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® “Best Law Firms.”
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