In 2012, eleven workers had filed a class action claim against Nestle Dreyer’s Ice Cream Company, maintaining it fell short of paying sales representatives overtime, held back pay, and gave erroneous wage statements. The workers claimed in the wage and labor class action claim that Dreyer’s misclassified workers who frequently execute retailing and non-sales tasks for most of their workday, as well workers categorized as Route Salesperson, Retail Representative, and Pre-Sales Agent, as excluded from overtime. They maintained they frequently work over eight hours per day and over forty hours per week finishing their appointed routes, without overtime payment.
As stated by the class action claim, the dilemma, they stated, is that Dreyer’s misclassified these
workers as salespeople, in spite of the fact that they frequently spent extremely minute, and extremely below half of their workday, selling merchandise, and as an alternative usually and frequently spend well in excess of half of their workday stocking, organizing, moving, and counting merchandise—non-sales labor. The workers additionally claim in the wage and labor class action claim that Dreyer’s demanded them to log that they worked eight hours every workday and forty hours every workweek, even when they really worked extra.
The Dreyer’s overtime class action claim was brought in support of every present and previous Dreyer’s worker in the State of California who frequently executed retailing and non-sales tasks for most of their workday, as well as workers categorized as Route Salesperson, Retail Representative, and Pre-Sales Agent, and who were excluded from overtime at any time in the prior four years. The complaint was requesting unsettled overtime paid, unsettled straight wages, and punishments for breaching state wage and labor laws.