American Bottling Co., Dr. Pepper Snapple Group Rung Up with Unpaid Overtime Complaint

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An individual who has worked as a merchandiser for The American Bottling Company, Dr. Pepper/Seven Up, Inc. and Dr. Pepper Snapple Group, Inc. since 2014 alleges in a lawsuit that he and similar employees nationwide are only paid a “half-rate,” and not time-and-a-half, for overtime hours worked past 40 each week. The 19-page complaint, filed in Florida, claims the defendants’ merchandisers are supposedly paid a daily rate, but should they work fewer than 40 hours in a week, only receive their hourly rate and not their full day rate. As a result, the case argues, merchandisers must be paid time-and-a-half hourly overtime.

“Such a practice violates the [Fair Labor Standards Act] since [the plaintiff] and the other merchandisers are truly hourly employees and must be paid time and one-half of their hourly rates for all overtime hours worked,” the lawsuit asserts.