Kronos Class Action Claims Pepsi Workers Lost Wages After Data Breach

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Kronos PepsiCo Class Action Lawsuit Overview: 

• Who: Devin Drobsch filed a class action lawsuit against PepsiCo, Inc. 
• Why: Drobsch claims PepsiCo failed to provide its employees with their proper wages or overtime premium following the data breach.
• Where: The class action lawsuit was filed in Pennsylvania federal court.

A hacking incident affecting PepsiCo’s Kronos brand timekeeping systems in 2021 has left the company unable to properly pay or give staff appropriate time off, a new class action lawsuit alleges. 

Plaintiff Devin Drobsch claims Pepsi has not been able to pay its staff or correctly track their hourly employees since the breach.

“As a result, PepsiCo’s workers who were not exempt from the overtime requirements under Pennsylvania law were not paid for all hours worked or were not paid their proper overtime premium after the onset of the Kronos hack,” the Kronos class action states.

Kronos Class Action Alleges Pepsi Actively Choosing Not To Solve Problem

Following the hack, Dronsch argues Sony could have created a temporary and alternative plan for keeping track of employee hours and pay but chose not to. 

“Instead, PepsiCo used prior pay periods or reduced payroll estimates to avoid paying wages and proper overtime to these non-exempt hourly and salaried employees,” the Kronos class action states. 

Drabsch argues further that PepsiCo actually did its best to shift the problem onto the people in the workforce that are more economically vulnerable—namely those that work on the front line. 

“The burden of the Kronos hack was made to fall on front-line workers—average Americans—who rely on the full and timely payment of their wages to make ends meet,” the Kronos class action states. 

Drabsch claims PepsiCo is in violation of the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law.

Plaintiff is demanding a jury trial and requesting a judgment awarding unpaid wages, fringe benefits, liquidated damages and penalties to himself and all class members. 

Kronos agreed to pay $15.3 million in February to resolve claims the company violated Illinois’ law surrounding the collection of biometric data.

If you work for a company that uses Kronos for timekeeping and did not get paid all of the wages you are owed as a result of the data breach, you could be eligible to join a free Kronos ransomware attack class action lawsuit investigation (links to paid attorney content).

The plaintiff is represented by Matthew S. Parmet of Parmet PC. The Kronos PepsiCo Class Action Lawsuit is Drobsch v. PepsiCo, Inc., Case No. 2:05-mc-02025, in the U.S. District Court for the Western District of Pennsylvania.

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