201-470-4181Hershey Company Workers Were Not Paid Proper Overtime for Getting Dressed in Uniform
By N.A. Pagliara, Esquire of Pagliara Law Group, P.A. posted in Employment Law Blog on February 23, 2023.
A former employee has filed a proposed class and collective action lawsuit against The Hershey Company, alleging that the company has failed to pay its hourly employees proper overtime wages for time spent washing their hands and putting on and taking off protective gear prior to and ending their shift.
The lawsuit, which spans 14 pages, claims that workers at Hershey’s manufacturing facilities spend time before and after each shift preparing to handle food products, which involves “donning and doffing” their sanitary clothing and protective equipment off the clock. This results in roughly 10 to 15 minutes a day, or up to an hour and 25 minutes or more of unpaid overtime per week for workers scheduled for 40 hours.
The complaint argues that the time spent putting on and taking off sanitary gear and washing hands is considered “compensable work time” under federal and state law and is vital to work involving food production.
According to the lawsuit, Hershey has violated labor law by failing to properly compensate employees for the time spent performing these duties, which are “integral and indispensable” to their work. The proposed class action aims to represent all current and former employees of Hershey who have worked over 40 hours in a workweek and were required to don and doff sanitary clothing and other protective equipment while involved in the manufacturing, packaging, or handling of food products since February 14, 2020.
Hershey accused of violating Fair Labor Standards Act
Hershey is accused of violating the Fair Labor Standards Act . Plaintiff, Hollifield is demanding a jury trial and requesting an award of actual and liquidated damages for herself and all class members.
Have you been denied compensation for time spent getting in and out of equipment needed to perform your job? Let us know.
The Hershey pay class action lawsuit is Hollifield, et al. v. The Hershey Company, Case No. 3:23-cv-00473, The Complaint can be seen here: Complaint
If you have not been paid while getting dressed and undressed in your uniform and not being able to clock in then please contact the experienced and skilled employment attorneys at Pagliara Law Group or at 201-470-4181.
AUTHOR: Nicholas A. Pagliara, Esq. Founder, Chairman of the Board and Managing Attorney of Pagliara Law Group, PA.
Contact Us: Our attorneys represent employees in all matter related to employment and labor law. Call us at (201) 470-4181 or fill out the contact form on this page. We can help.
Tags and Topics: Employment Law, Overtime, FLSA, Uniform, Off the Clock Wages, Hershey, Employee rights. See our Labor and Employment Law practice group.
