Former Keurig Dr. Pepper Employee Alleges Warehouse Workers Owed Unpaid Overtime

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A former Keurig Dr Pepper, Inc. and Dr Pepper/Seven Up, Inc. employee claims that he and other workers at the companies’ Queens, New York warehouse were not paid proper overtime wages.

According to the 15-page proposed collective action, it was the beverage companies’ policy to require warehouse employees to put in more than 40 hours per week without paying them time-and-a-half overtime wages in accordance with state and federal labor laws.

The lawsuit alleges Keurig Dr Pepper and Dr Pepper/Seven Up, as joint employers, “willfully disregarded and purposefully evaded” the federal Fair Labor Standards Act’s recordkeeping requirements in order to disguise the number of hours employees actually worked and thus avoid properly paying them for that time.

“Defendants engaged in their unlawful conduct pursuant to a corporate policy of minimizing labor costs and denying employees compensation by knowingly violating the FLSA and [New York Labor Law],” the complaint reads.

The plaintiff, who worked as a truck checker and warehouse supervisor at the defendants’ Queens facility from November 2020 to February 2022, individually alleges that his pay never varied even when he was required to stay later than he was scheduled or work an extra day. Moreover, the man claims that the defendants denied him an earned bonus payment and failed to pay him for accrued time off at the time of his termination.

The plaintiff alleges the defendants ran afoul of the NYLL by failing to provide accurate wage statements and notice of the individual’s pay rate and regular payday.

According to the case, the plaintiff’s wage statements were missing certain required information, including the dates covered by that pay period; employee’s name; employer’s name, address and phone number; rate or rates of pay and the basis on which they’re paid; gross wages; deductions; allowances claimed as part of the minimum wage; net wages; overtime rates; and the number of regular and overtime hours worked.

The plaintiff looks to represent similarly situated employees who are or were employed by the defendants or either company within the past three years.

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