PepsiCo Faces Lawsuit Over Alleged Unpaid COVID-19 Screenings
PepsiCo has been hit with a proposed class action in California federal court, alleging the company failed to compensate employees for mandatory COVID-19 health screenings conducted at the start of their shifts. The lawsuit claims the policy violated state labor laws requiring workers to be paid for all time spent under employer control.
Filed by a former warehouse worker at PepsiCo’s Riverside County distribution facility, the suit argues that time spent completing on-site health checks — including temperature screenings and symptom questionnaires — should have been compensated as part of employees’ regular work shifts. These health protocols were implemented during the pandemic to maintain workplace safety but, according to the complaint, occurred off the clock.
The plaintiff, David Flores, alleges that PepsiCo “systematically required employees to perform work before they clocked in,” often while standing in line, without pay. The lawsuit seeks damages, unpaid wages, statutory penalties, and interest, and aims to represent other current and former PepsiCo employees across California who underwent similar procedures starting in March 2020.
This case underscores the broader scrutiny facing FMCG employers regarding compensation for pandemic-related protocols. California labor laws, particularly the state’s stringent definition of compensable time, have become a legal flashpoint in numerous wage and hour class actions since the rise of COVID-19 safety measures.
The outcome of this case could have significant implications for CPG manufacturers and logistics firms with similar screening practices, particularly those operating in states with robust worker protection statutes. It also serves as a cautionary reminder to review historical health and safety requirements that may have impacted employee compensation.
PepsiCo, a leading global food and beverage company, has not publicly commented on the suit. The company has faced other COVID-related legal challenges in recent years, including disputes related to hazard pay and safety standards across its manufacturing and supply chain operations.