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 http://www.hersheyovertime.com/

Or contact:

The Brandi Law Firm
354 Pine Street, 3rd Floor
San Francisco, CA 94104
Toll Free: 800-481-1615
E-mail

David C. Feola
HOBAN & FEOLA, LLC
1626 Wazee Street, Suite 2A
Denver, CO 80202
Toll Free: 800-590-3184
E-mail

We have just learned that the Court ordered Notice was not sent to the correct addresses of all present and former RSR’s due to incorrect addresses being supplied by the Hershey Company.

We are working to rectify this and the Notice will be re sent as soon as Hershey provides the correct addresses.

If you are a present or former RSR, please remember the deadline to join this action to protect your rights to overtime compensation is June 30, 2012.  Hershey changed its policy on January 28, 2012 to provide 7.5 hours of overtime per week for RSR’s but made no provision for all the overtime worked by RSR’s before that date.  This case seeks recovery for monies owed to present and former RSR’s who were not compensated for their countless overtime hours.

For more information go to http://www.hersheyovertime.com/

Or contact:

The Brandi Law Firm
354 Pine Street, 3rd Floor
San Francisco, CA 94104
Toll Free: 800-481-1615
E-mail

David C. Feola
HOBAN & FEOLA, LLC
1626 Wazee Street, Suite 2A
Denver, CO 80202
Toll Free: 800-590-3184
E-mail

United States Magistrate Judge Bernard Zimmerman has ordered that present and past Retail Sales Representatives (“RSRs”) who worked for The Hershey Company (“Hershey”) are entitled to Notice and the opportunity to join a lawsuit pending in United States District Court in San Francisco for unpaid overtime and related damages.  Judge Zimmerman’s Order provides that present and former RSRs who worked for Hershey up to three years prior to January 28, 2012 have until June 30, 2012 to opt into the class matter by filing a Consent to Join.

The Court also noted that no punitive action can be taken against any person joining by Hershey, stating:

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.

Seventy-five present and former RSRs have joined the action filed in US District Court in San Francisco seeking unpaid overtime from the chocolate giant.  Previously, this office successfully represented over 100 RSRs seeking unpaid overtime in a wage and hour FLSA collective action.  On February 23, 2011, Judge Zimmerman issued an order holding that the Hershey RSRs who had joined the previous overtime case against Hershey were 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.  Shortly thereafter the case was resolved. (See Campanelli vs. Hershey Co., 765 F. Supp 2d 1185 (N.D. Cal. 2011).

Unfortunately, Hershey made no attempt to pay past overtime owed to its current and former RSRs so on October 19, 2011 a second wage and hour FLSA collective action was filed by 12 present and former RSRs by The Brandi Law Firm, in conjunction with Colorado attorney David Feola. Since then these twelve have been joined by over 60 others who filed consents to join.  It is estimated upwards of 600 additional present and former RSRs may be eligible to join this case.  Effective January 28, 2012, Hershey changed the RSR status to non-exempt and began paying overtime for 7.5 hours per week but made no provisions to pay for the countless unpaid hours worked by current and former RSRs in the last several years. Present and former RSRs can protect their rights by joining this pending matter before June 30, 2012.

For more information go to http://www.hersheyovertime.com/

Or contact:

The Brandi Law Firm
354 Pine Street, 3rd Floor
San Francisco, CA 94104
Toll Free: 800-481-1615
E-mail

David C. Feola
HOBAN & FEOLA, LLC
1626 Wazee Street, Suite 2A
Denver, CO 80202
Toll Free: 800-590-3184
E-mail

Seventy-five present and former Retail Sales Representatives (RSR) have joined the action filed in US District Court in San Francisco seeking unpaid overtime from the chocolate giant.  (Case Number 3:11-CV-05117-BZ)  Previously this office represented over 100 RSRs seeking unpaid overtime in a wage and hour Fair Labor and Standards Act (FLSA) collective action.  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 RSRs, who were present and former employees and who had joined the previous overtime case against Hershey, were 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.  Shortly thereafter the case was resolved. (See Campanelli vs. Hershey Co. (N.D. Cal, 2011) 765 F. Supp 2d 1185 )

Unfortunately, Hershey made no attempt to pay past overtime owed to its current and former RSRs, so on October 19, 2011 a second wage and hour FLSA collective action was filed by 12 present and former RSRs by the Brandi Law Firm, in conjunction with Colorado attorney David Feola.  Since then, these twelve have been joined by over 60 others who filed consents to join.  It is estimated that upwards of 600 additional present and former RSRs may be eligible to join this case.  On February 1, 2012, Hershey changed the RSR status to non exempt, and began paying overtime of 7.5 hours per week but made no provisions to pay for the countless unpaid hours worked by current and former RSRs in the last several years.

In the current litigation it is anticipated that Notice will shortly be sent to many of the present and former Hershey RSR’s advising them of their opportunity to join the case.  If any present or former Hershey RSR seeks more information about this suit or their eligibility to obtain potential compensation for unpaid overtime they can contact the Brandi Law Firm (800) 481-1615, David Feola (800) 590-3184.

Click here for more information or go to  www.hersheyovertime.com

In the economy of the day, many people are forced to work long hours. Many companies require them to do so and workers are reluctant to complain for fear of losing their jobs. Not all people are entitled to overtime because certain classifications of workers are exempt. However, sometimes people are classified as exempt from overtime when they are not exempt and should be paid for their labor. This is an area in the law that has involved a great deal of scrutiny as numerous people have challenged classifications as improper and sought compensation for their efforts.

On October 19, 2011, The Hershey Company, a large, well-known chocolate and confection maker, 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.

This is the second time Hershey has been sued for overtime violations regarding its RSR position by the Brandi Law Firm and Mr. Feola.  Previously, a federal judge in San Francisco ruled that Hershey had violated federal and California overtime laws by improperly classifying the RSRs as sales persons and administrative employees and not paying them overtime compensation.  See Campanelli v. The Hershey Company, 765 F.Supp.2d 1185 (N.D.Cal. February 23, 2011).  Since that ruling, unfortunately Hershey has not changed its policies and  continues to not pay the RSRs overtime compensation for the many hours over 40 worked per week.  Hopefully this case will bring fairness to the workers now and in the future.

A copy of the lawsuit can be found at the website http://www.hersheyovertime.com/

In 2008, three former Retail Sales Representatives (RSRs) brought this wage and hour action against defendant. They alleged defendant misclassified them as exempt employees, denying them compensation for the overtime hours they had worked. Defendant denied these allegations, asserting that plaintiffs’ employment position satisfies the exemptions from overtime for outside salesmen and administrative employees.

Defendant classified the RSR position as exempt from overtime under both federal and California law, and never paid hourly compensation to the RSRs for any overtime they worked.

Plaintiffs in this case brought a motion with the Court requesting it to rule on whether Hershey’s position that the RSRs were not entitled to overtime was correct.

The Court agreed with the plaintiffs and held that the sales representatives were not exempt from federal and California overtime requirements as “outside salespersons” or “administrative employees,” as Hershey had argued, and therefore they were entitled to overtime pay.

The order holding that Hershey’s RSRs were entitled to overtime, discussed here “Federal Court Holds that Hershey RSRs are Entitled to Overtime has become a published opinion in the federal reports.  Campanelli v. Hershey Co., 765 F.Supp.2d 1185 (N.D.Cal. 2011).

Click here to read the entire Decision

Click here to learn more about the Hershey Lawsuit.

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.  Click here to read a copy of the Hershey Order Granting Plaintiffs Motion for Partial Summary.

Click here to learn more about the Hershey Overtime Lawsuit.

Magistrate Judge Bernard Zimmerman, of the United States District Court for the Northern District of California, has ruled that all Retail Sales Representatives (RSRs) employed by The Hershey Company in the United States from August 2007 through the present may join a lawsuit pending before the Court seeking past overtime pay.

Click here to learn more about the Brandi Law Firm Hershey Overtime Attorneys.