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By Trish Mehaffey |
An employee of R.J. Reynolds Tobacco Co. has sued her employer, claiming the company denies overtime pay and violates the FairLabor Standards Act.
Zola M. Marshall, a retail representative, claims in the suit filed Monday in federal court in Kansas City that she can't accomplish her duties in a 40-hour work week, and R.J. Reynolds refuses to pay overtime. Her job requires her to travel to retail stores where R.J. Reynolds' products are sold to stock shelves and verify price, appropriate signage and the latest promotions are being used. She makes 160 visits to stores every 20 days and covers greater Kansas City, including Raytown, Grandview, Independence and Lee's Summit. An average visit at a store takes about 45 minutes but could take up to 90 minutes.
Teresa Woody, of Stueve Siegel Hanson Woody, said Tuesday the suit was a collective action suit on behalf of Marshall and other retail representatives. Woody said she understood it was a uniform policy of R.J. Reynolds not to pay overtime. Marshall has worked for the company as a representative for 11 years and has never received overtime pay.
The employees are instructed not to claim overtime, unless it's specifically authorized in advance, according to the lawsuit.
David Howard, spokesman for R.J. Reynolds, said he couldn't comment on the suit because the company hadn't been served as of Tuesday.
Woody said the suit also claimed R.J. Reynolds didn't accurately record or keep time the representatives worked. The employees used to track their time on paper or by a telephone timekeeping service if their hours surpassed 40 hours. The computer program Work Force Central was installed in May on the employees' laptops, automatically computing a 40-hour week. The employees would have to manually change the entries to reflect their time but were still instructed not to report overtime, Woody said. The Fair Labor Standards Act regulates the payment of overtime pay by employers whose employees deal with interstate commerce or production of goods for commerce or are employed in an enterprise engaged in commerce or the production of goods for commerce, according to the lawsuit. R.J. Reynolds is subject to the overtime pay requirements set by the act.
Woody said the suit asked for compensatory damages, liquidated damages, because the act would allow Marshall and other similar employees to receive three years of past overtime pay, attorneys' fees, prejudgment and post-judgment interest as provided by law and other relief as the court deems fair and equitable.
Woody said her client also requested a jury trial.
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