Truckers, Frito-Lay settle wage lawsuit for $6.5 million

May 11, 2018

Mark Schremmer


A two-year wage lawsuit between a class of truck drivers and Frito-Lay will end with a $6.5 million settlement.

A U.S. District Court judge for the Northern District of California granted final approval of the settlement on May 4.

After the attorneys collect $1.625 million, the 254 class members will receive an average of $18,376.92, according to court documents. The four named plaintiffs will receive $20,000 each.

The plaintiffs, who include current and former truck drivers with Frito-Lay, claimed the company failed to pay minimum wage for all hours worked or provide meal and rest breaks. According to the lawsuit, the truck drivers were paid on a piece-rate system based on mileage and the number of cases delivered. However, the drivers claimed they were often required to wait up to two hours or more for their loads to be ready without being compensated for that time.

“Defendants do not compensate plaintiffs for this time waiting for loads to be dispatched,” the complaint said. “Further, defendants do not compensate plaintiffs for time spent performing necessary job duties, including but not limited to pre-trip and post-trip inspections on the tractor and trailer, fueling and washing the tractor and trailer, and filling out mandatory paperwork, including hours-of-service logs and daily vehicle inspection reports.”

The truck drivers also claimed that Frito-Lay often scheduled them to work more than five hours per day without a 30-minute meal break and more than three-and-a-half hours per day without a 10-minute break as the California Labor Code requires.

Frito-Lay argued that its piece-rate plan was lawful and compensated class members for all the time they worked.

The court said the settlement was fair for both parties.

“In light of the risks and costs of continued litigation, the immediate rewards to class members are preferable,” U.S. Magistrate Judge Jacqueline Scott Corley wrote. “All class members will receive an award on a pro-rata basis based on the number of weeks worked compared to the number of weeks worked by all class members.”

The settlement administrator was ordered to make disbursements to the class members within 20 days.