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Utz faces federal lawsuit over overtime pay

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Photo by Hanover Evening Sun

(Harrisburg) — Workers are bringing a federal lawsuit against Utz, the snackmaker with headquarters in the midstate, and the dispute could involve as many as 1,900 people.

Three drivers – from Ohio, West Virginia, and Pennsylvania – are suing Utz for allegedly denying them overtime pay.

The drivers, who bring Utz snacks into stores, say they stocked shelves far longer than 40 hours a week, but only received their normal pay.

The group is asking other drivers to join the lawsuit – as many as 19-hundred could be eligible.

Utz – based in Hanover, York County – didn’t respond to a request for comment.

However, in its legal filing, it says the drivers are actually sales people, and not eligible for overtime.

Attorney Hans Nilges disagrees.

He represents the workers.

“The vast majority of their day is simply drive to chain retail stores, deliver the chips, stock the chips, and other people much higher up the chain are the ones that are making the sales to the Walmarts of the world,” says Nilges.

“They’re not in a position to talk to those people that might be in authority to even up the order. All those decisions are very micromanaged at a very high level.”

Nilges says the attorneys in the case expect to meet in January.

He estimates that each driver could be owed thousands of dollars in overtime pay.

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