SAN BERNARDINO, Calif. — A group of Dr. Pepper Quality Supervisors have filed an overtime wage lawsuit in California against Dr. Pepper/Seven Up, Inc. and The American Bottling Company.
The lawsuit alleges the soft drink companies misclassified employees in an attempt to work around California overtime laws.
The class action overtime wage lawsuit was filed in San Bernardino County Circuit Court and currently awaiting certification.
Among the chief complaints listed in the lawsuit are that Dr. Pepper “promoted” several employees to supervisory roles that would make them overtime exempt employees under state labor laws. According to the suit, the promotions made the employees managers in title only and were often asked to perform duties outside the scope of managerial work.
The lawsuit also claims the soft drink company also failed to provide paid rest and meals periods, which are required under California law. To qualify as an overtime exempt employee under state law, the employees would have to perform mostly supervisory work or tasks related to that role.
The plaintiffs allege that while classified as Quality Supervisors they were ordered to perform such menial duties as:
- Record daily inventory transactions
- Daily review of inventory counts
- Give evaluations of transaction errors to plant managers
- Create production schedules on a daily basis, report shortage of materials, conduct inventory counts
- Generate requests for materials
California Overtime Wage Exemption Laws
Under California labor laws, employees classified as overtime exempt employees must have the scope of their employment directed towards a specific role within an organization. Benchmarks for being classified as an overtime exempt employee in California include:
- The type of work requiring specialized experience in a field, science, or other learning customarily associated with sustained immersion or training which differs from other duties which are physical or otherwise necessary to this specialized role
- The work be original or creative in nature and requires the employee to utilize one’s talents, invention, or imagination
- The work duties are intellectual and differ from other routine work which may be mental, manual, mechanical, or physical
California Overtime Wage Lawsuit Attorneys
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees have a valid claim under California Wage Orders or a federal law such as the Fair Labor Standards Act. If you believe your wage rights were violated, our experienced team of wage lawyers will evaluate your situation to determine your best course of action.
We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.