Merchandiser Overtime Lawsuits: Were You Paid for Drive Time?

Attorneys working with ClassAction.org would like to speak to anyone who works or has worked as a merchandiser.

They’re investigating whether these employees are getting paid for time spent driving between stores and, if not, whether class action lawsuits can be filed.

It is suspected that some merchandisers are only being paid for time spent working onsite and not for time traveling between stores – in violation of the law. If you worked as a merchandiser and were not paid for time spent driving, you may have been cheated out of proper pay.

Should I Be Getting Paid for Drive Time?

Under federal law, those who regularly spend time commuting between worksites or clients are generally entitled to pay for this time. This is opposed to time spent driving from work to home and vice versa, which employers are usually not required to pay for.

How Could I Have Been Cheated Out of Money?

It’s believed that merchandisers typically have to travel to multiple retailers throughout their day to set up displays and stock products. In some cases, time spent driving between stores can amount to several hours per day.

It’s possible that some companies may also be illegally failing to pay merchandisers for tasks performed prior to their arrival at a worksite. These tasks may include the opening and sorting of point-of-purchase displays.

In February 2021, Premium Retail Services, Inc. was hit with a lawsuit alleging the company violated federal wage laws by failing to pay its merchandisers for drive time and off-the-clock work.

How Could a Class Action Lawsuit Help?

If filed and successful, class action lawsuits could help merchandisers recover the wages they were entitled to, but never received – including overtime pay. Furthermore, a lawsuit could help ensure that moving forward, companies pay their merchandisers in accordance with the law.  

Can I Be Fired for Speaking Up?

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