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PCBCNY Independent Contractors Class Action Lawsuit - Pepsi Bottling Workers Misclassified To Avoid Labor Benefits

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PCBCNY Independent Contractors Class Action Lawsuit – Pepsi Bottling Workers Misclassified To Avoid Labor Benefits?

Workers From Pepsi’s Bottling Company In New York Sue The Company And Its Management For Alleged Workers’ Rights Violations 

One of Pepsi’s bottling companies in New York and its executives are being taken to court by many of its workers for allegedly violating the law by misclassifying their relationship as independent contractors with the company and not giving them benefits as workers. 

Terence J. Poletti, et al. v. Pepsi-Cola Bottling Company of New York, et al.

Click to access Terence-J.-Poletti-et-al.-v.-Pepsi-Cola-Bottling-Company-of-New-York-Inc.-et-al..pdf

What Is The Pepsi-Cola Bottling Lawsuit About?

The PCBCNY Independent Contractors Class Action Lawsuit is a labor rights-related legal case filed by the former and current employees of Pepsi-Cola Bottling Company of New York, Inc. or PCBCNY, who were reportedly misclassified as independent contractors. 

Filed by lead plaintiffs Michael Ashton, Terence J. Poletti, Arthur Combs, Leonard Costa, Joseph Distasi, Christopher J. Chapman, and Steven Nieves, the lawsuit argues that PCBCNY and its management purposely misclassified them and other workers in the company to be off the hook in providing law-mandated worker benefits and privileges such as overtime pay and guaranteed minimum wage rates. 

A number of Pepsi Cola & National Brand Beverages and PCBCNY company managers and executives are also added as defendants in the class action lawsuit’s filing. They are added to the roster of defendants to possibly face court proceedings due to their reported involvement in the management of the suing independent contractors. 

A Look At The Class Action’s Merits And Arguments 

Why are the plaintiffs suing the company and the executives?

According to the complainants, they are labeled as independent contractors, and PCBCNY allegedly has great control over their work-life and performance of duties and responsibilities. 

PCBCNY’s actions are said to be that of an employer to its official employees; however, this is not the case with the independent contractors, for they do not enjoy the same benefits as official employees have. 

It is also said that PCBCNY purposely and knowingly tagged its employees as independent contractors to escape the responsibilities of giving them the perks regular employees enjoy.

Per the complainants, they have consistently worked for PCBCNY for more than 40 hours a week, but they were not credited for overtime pay due to their independent contractor status.

More Alleged Labor Laws Violations Exposed In Class Action Filing 

In addition to the litany of alleged labor rights violations the plaintiffs have endured under the company, it is believed that the independent contractors also incurred costs that were a part of their performance of their respective job responsibilities that PCBCNY refused to reimburse. 

Hence, costs and expenses like work uniforms, truck maintenance bills, and others were all reportedly shouldered by the independent contractors leading to huge sums of profit for PCBCNY. 

The PCBCNY Independent Contractors Class Action Lawsuit wants the court to order PCBCNY and other defendants included in the case to be held accountable for their actions. Additionally, Poletti and others are seeking to form and represent themselves and other individuals who worked for PCBCNY as independent contractors in a class group. 

Stay tuned for more information regarding this ongoing case concerning Pepsi workers and their fight against the alleged violations of their work rights. 

About The Company 

Pepsi-Cola Bottling Company of New York Inc. is a business entity responsible for manufacturing, bottling, and distributing Pepsi beverage products in certain areas in New York. The company historically has established independent contractors that work for them to do their business of providing New York buyers Pepsi drink products. 

Editor’s Note on PCBCNY Independent Contractors Class Action Lawsuit: 

This feature aims to give you the latest information about the class action filed against one of Pepsi’s bottlers in New York with several allegations of labor rights-related violations. We also suggest you to read the DoorDash Delivery Drivers Settlement for $100 million over similar issues.  

Case Name(s) & No.: Terence J. Poletti, et al. v. Pepsi-Cola Bottling Company of New York Inc., et al.; Case No.: 1:21-cv-07603

Jurisdiction: United States (U.S.) District Court for the Southern District of New York

Products/Services Involved: Labor rights

Allegation(s): Pepsi-Cola Bottling Company of New York Inc. and other defendants purposely classified their workers as independent contractors to avoid labor rights.

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