Dr. Pepper/Seven Up, Inc. Vs. American Bottling Company
An overtime pay class action lawsuit was launched recently in California including allegations against Dr. Pepper/Seven Up, Inc. (the popular soft drink company) and The American Bottling Company. Plaintiffs claim that the company misclassified Quality Supervisors as exempt from overtime pay requirements. Allegations also include supposed violations of mandated meal and rest periods as afforded by California labor law.
The lead plaintiff in the case against Dr. Pepper/Seven Up, Inc. and The American Bottling Company is Ronald Robinson.
Allegations included in the class action suit:
1. Frequent undertaking of menial tasks that would be considered beneath the station of a Quality Supervisor (a position designated as management making it exempt from overtime pay). These tasks included the entering of daily inventory transactions, the review of inventory counts daily, providing managers with feedback on transaction errors, daily productivity level tracking, tracking and reporting material shortages, conducting inventory counts, creating material requests, and the inspection of product and raw materials that are non-conforming. These tasks are in line with the …show more content…
One sign that there is a problem with exempt status after promotion is when tasks in the new position differ little from the tasks performed by other “non-management,” hourly employees. California law also requires that all employees be provided with a paid meal period and rest breaks. When they are not available (as determined by law) employers are to provide compensation to the employee for the time through overtime pay for any hours over eight in any given workday or any hours over forty in any one
The lead plaintiff in the case against Dr. Pepper/Seven Up, Inc. and The American Bottling Company is Ronald Robinson.
Allegations included in the class action suit:
1. Frequent undertaking of menial tasks that would be considered beneath the station of a Quality Supervisor (a position designated as management making it exempt from overtime pay). These tasks included the entering of daily inventory transactions, the review of inventory counts daily, providing managers with feedback on transaction errors, daily productivity level tracking, tracking and reporting material shortages, conducting inventory counts, creating material requests, and the inspection of product and raw materials that are non-conforming. These tasks are in line with the …show more content…
One sign that there is a problem with exempt status after promotion is when tasks in the new position differ little from the tasks performed by other “non-management,” hourly employees. California law also requires that all employees be provided with a paid meal period and rest breaks. When they are not available (as determined by law) employers are to provide compensation to the employee for the time through overtime pay for any hours over eight in any given workday or any hours over forty in any one