Pepsi Bottling Group settles overtime lawsuit

A group of Pepsi Bottling Group Inc. employees will receive $187,275 as part of a settlement in a collective action over unpaid overtime compensation.

Pepsi will also pay administrative costs and attorneys’ fees that bring the total above $270,000, according to court documents.

Avary Leigh was the class representative of a group of about 60 employees who worked at six Pepsi Bottling Group locations who said they had not been paid for overtime hours over the past three years.

The case was filed in U.S. District Court in Greenbelt because Leigh worked as a sales representative in the Capitol Heights location.

The complaint stated that, from Sept. 15, 2008 to Dec. 8, 2009, Leigh had a vacation-relief position. That meant he delivered Pepsi products to stores and would cover the other sales representatives’ routes while they were on vacation.

The complaint stated Leigh “performed work ‘off-the-clock’ after his shift and after he clocked out from his shift at the behest and direction of his supervisor.”

Leigh’s attorney, Alan Crone of Crone & McEvoy PLC in Memphis, said the workers he represented experienced similar treatment at Pepsi Bottling Group centers in Capitol Heights, New England, Minnesota, Michigan, upstate New York and Western Pennsylvania.

“They were happy with the settlement,” Crone said.

Pepsi Bottling Group’s attorney, Samantha Hardy at Sheppard Mullin Richter & Hampton LLP in San Diego, did not return calls for comment.

The settlement includes $187,275 in payments to the plaintiffs, a $9,000 incentive fee to Leigh, $15,000 in claims administration fees, $3,651 in costs and $64,273 in attorneys’ fees.

U.S. District Judge Deborah K. Chasanow approved the settlement order on Feb. 27.

LEIGH V. PEPSI BOTTLING GROUP INC.

Court:

U.S. District Court, Maryland, Greenbelt

Case No.:

8:10-cv-00218-DKC

Judge:

Deborah K. Chasanow

Outcome:

Settled without trial for $#

Dates:

Suit filed: Jan. 27, 2010

Settlement: Feb. 27, 2012

Plaintiffs’ Attorney:

Alan Crone of Crone & McEvoy PLC in Memphis, Tenn.

Defendant’s Attorney:

Richard S. Siegel of Sheppard Mullin Richter & Hampton LLP in Washington, D.C.

Count:

Violation of the Fair Labor Standards Act