Court Permits Hershey RSRs To Join Pending Overtime Case

Magistrate Judge Bernard Zimmerman, of the United States District Court for the Northern District of California, has recently ruled that Retail Sales Representatives (RSRs) employed by The Hershey Company in the United States over the past three years up to January 28, 2012 may join a lawsuit pending before the Court seeking past overtime pay.

The deadline to join is June 30, 2012.

The Notice and Consent to Join form for RSRs is located here.

For RSRs who worked in California, the Notice and Consent to Join form is located here.

Hershey is legally prohibited from retaliating against any present or past RSR for joining the case.

Hershey Sued Again For Overtime Violations

On October 19, 2011, The Hershey Company, was again sued for violating the overtime rights of its nationwide sales force. The San Francisco based Brandi Law Firm, in conjunction with Colorado attorney David Feola, brought suit on behalf of eleven former and one current Hershey Retail Sales Representatives ("RSRs") seeking certification of a class of present and former Hershey sales representatives for violations of both the California and federal overtime laws. There are now 75 people who have joined this suit. A copy of the lawsuit can be found here.

Federal Court Holds That Hershey RSRs Are Entitled to Overtime

On February 23, 2011, the Honorable Magistrate Bernard Zimmerman, United States District Court for the Northern District of California, issued an order holding that the Hershey Retail Sales Representative ("RSR") plaintiffs and those RSRs who have joined the case of Campanelli, et al. v. The Hershey Company, Case No. 3:08-cv-01862-BZ, are entitled to overtime compensation. The Court held that the RSRs are not exempt under the "outside sales" or "administrative exemptions" as a matter of law. A copy of the order is located here.

For more information, please visit our Hershey Overtime website.