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Pepsico Employee Paychecks During Kronos Outage Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

This settlement resolves a collective and class action against PepsiCo, Inc., New Tiger, LLC, and their divisions and subsidiaries, concerning the companies’ inability to pay employees in a timely or accurate manner for seventeen pay periods between December 5, 2021 and April 8, 2022. The problem occurred because of a cyberattack on the companies’ payroll provider, Ultimate Kronos Group that caused an outage of their systems. The claims were made under the Fair Labor Standards Act and state wage and hour laws.

Docket Number:

7-22-cv-00802-NSR

Company: PepsiCo Inc.

Filing Deadline: January 1, 2100

Class Period: December 5, 2021 to April 8, 2022

Objection Deadline: February 6, 2023

Exclusion Deadline: February 6, 2023

Final Approval Hearing: April 4, 2023

Proof of Purchase:

The Notice does not mention proof.

Eligibility:

You may be eligible if you were an FLSA Collective/National Class member, that is, a current or former employee of any of the defendants in this case during any of the seventeen pay periods between December 5, 2021 and April 8, 2022 who were affected by the Kronos outage, regardless of whether the employee’s compensation paid was net positive (an overpayment), net neutral, or net negative (an underpayment). You may be in one of the subclasses below:

- Group 1: FLSA Collective/National Class members who were underpaid by at least $1.
- Group 2: FLSA Collective/National Class members who were underpaid by 1 cent to 99 cents.
- Group 3: California State Law Subclass members.
- Group 4: New York State Law Subclass members.

Typical Settlement Amount:

Benefits:
- Group 1: Payment of a pro-rata share of the Group 1 amount.
- Group 2: Payment of $25.
- Groups 3 and 4: See the Notice at https://angeion-public.s3.amazonaws.com/www.stevensvpepsicosettlement.com/docs/Pepsi%20Notice%20Final.pdf.

Total Settlement Amount: $12.75 million

Class Representative Proposed Incentive Fee:

$5,000

Law Firms:
Klafter Olsen & Lesser LLP
Morgan & Morgan
Scott & Winters Law Firm, LLC

Case Name: Stevens et al. v. PepsiCo. Inc. et al.

Settlement Website: Stevens v. Pepsico Settlement Website

Claims Administrator:
Angeion Group

Claims Administrator Contact Information:

PepsiCo Kronos Class/Collective Action Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Info@StevensvPepsicoSettlement.com
833-400-1404

Tags: Employment Violations, FLSA, Wage and Hour Violations