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. A copy of the lawsuit can be found here. Previously, 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 RSR plaintiffs and those 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. A copy of the order is located here.
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