Hershey class action claims company does not pay workers for getting in and out of protective equipment

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Hershey pay class action lawsuit overview: 

• Who: Stacey Hollifield filed a class action lawsuit against The Hershey Company. 
• Why: Hollifield claims Hershey failed to pay its factory workers for their time spent getting in and out of protective equipment they were allegedly required by law to wear. 
• Where: The class action lawsuit was filed in Illinois federal court. 

The Hershey Company failed to compensate its factory workers for their time spent getting in and out sanitary clothing and other protective equipment prior to and after their work shifts, a new class action lawsuit alleges. 

Plaintiff Stacey Hollifield claims Hershey’s alleged failure to compensate its workers for their time spent taking on and off their protective equipment ultimately deprived overtime pay to those who ended up working more than 40 hours in a given work week. 

Hollifield, a former Hershey factory worker, argues she and others like her would not have been able to do their jobs in compliance with Good Manufacturing Practices set by the U.S. Food and Drug Administration without wearing the protective equipment. 

Hershey’s factory workers, therefore, would not be able to perform their work duties without wearing the protective equipment, making the act of taking it on and off “integral and indispensable to the work they are hired to do,” the Hershey class action alleges. 

“It would be impossible for Plaintiff and the putative class members … to perform their work duties unless they wore sanitary clothing and other protective equipment,” the Hershey class action states. 

Hershey accused of violating Fair Labor Standards Act, Illinois Minimum Wage Law

Hollifield wants to represent an Illinois class of all current and former employees of The Hershey Company who were involved in the manufacture, packaging, or handling of food products and who were required to wear protective equipment while working more than 40 hours in at least one work week within the past three years. 

Hershey is accused of violating the Fair Labor Standards Act and the Illinois Minimum Wage Law. Hollifield is demanding a jury trial and requesting an award of actual and liquidated damages for herself and all class members. 

A separate class action lawsuit was filed against Hershey in December by a consumer arguing the company failed to disclose that some of its Hershey and Lily brand dark chocolate products allegedly contain cadmium and lead. 

Have you been denied compensation for time spent getting in and out of equipment needed to perform your job? Let us know in the comments! 

The plaintiff is represented by Robert P. Kondras, Jr. of Hassler Kondras Miller LLP. 

The Hershey pay class action lawsuit is Hollifield, et al. v. The Hershey Company, Case No. 3:23-cv-00473, in the U.S. District Court for the Southern District of Illinois.

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