Hershey Error Results in 86% of Potential RSR Claimants Not Getting Proper Notice of Overtime Rights
Hershey was ordered by the Court to provide the names and addresses of RSRs so that we could provide RSRs with a Court approved Notice of their right to join the Hershey RSR Overtime Case. (Case Number 3:11-CV-05117-BZ) However, 86% of the contact information we were provided was incorrect. As a result of Hershey’s error, hundreds of eligible present and former RSRs with claims for unpaid overtime did not get proper Notice, and the clock is ticking on their right to seek overtime compensation.
Hershey has agreed to provide a “corrected list” and we will be asking the Court to extend the time of the Notice to ensure that RSRs’ ability to be compensated for their past overtime is not affected by this delay. In the meantime, present and former RSRs who worked with Hershey since 2008 and want to be compensated for their unpaid overtime should submit their consent to join the suit to see if they are eligible for compensation along with over 80 people who have already joined.
Hershey changed its policy in early 2012 to allow RSRs to receive some overtime pay, but made no provision for any of the overtime worked by RSRs in the years before. This case seeks recovery for monies owed to present and former RSRs who were not compensated for their countless overtime hours.
If you are a present or former RSR please remember that the current deadline to join this action to protect your rights to overtime compensation is June 30, 2012.
Current and Former RSRs should note that they are protected from retaliation or discrimination from Hershey by joining the suit. The Notice provides:
VIII. NO RETALIATION OR DISCRIMINATION PERMITTED
Federal and state law prohibits Hershey from taking adverse action against persons based upon the fact that they have exercised their rights to participate in this lawsuit. So if you are presently an RSR, Hershey is barred from retaliating against you for participating in this lawsuit.
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.
For more information go to https://brandilaw.com/practice-areas/more/employment-class-action/
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