Merchandiser Overtime Lawsuits: Were You Paid for Drive Time?
Last Updated on January 24, 2024
Investigation Complete
Attorneys working with ClassAction.org have finished their investigation into this matter. Check back for any potential updates. You can also sign up for our free newsletter for the latest in class action news and settlements.
If you still have questions about your rights, contact an attorney in your area as there is a time limit for filing all lawsuits. The information on this page was posted when the investigation began and is now for reference only.
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At A Glance
- This Alert Affects:
- Anyone who works or has worked as a merchandiser and was not paid for time spent driving between stores.
- What's Going On?
- Attorneys working with ClassAction.org are investigating whether merchandisers are being paid properly for their work. 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.
- How Could a Class Action Help?
- If filed and successful, class action lawsuits could help merchandisers recover any wages that were illegally withheld from them, including pay for time spent driving and overtime hours.
- Can I Be Fired for Speaking Up?
- Federal law strictly prohibits employers from retaliating against employees simply because they exercised their legal rights.
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.
If merchandisers are not being paid for this time, they may be getting cheated out of their regular wages, as well as overtime pay, if they end up working more than 40 hours per week.
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?
Federal law strictly prohibits employers from firing or otherwise retaliating against employees simply because they exercised their legal rights.
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