Former Pilot 'resetters' allege they were misclassified, not paid overtime

By Clarissa Hawes, Land Line staff writer | Thursday, October 17, 2013

Three former workers for Knoxville, Tenn.-based Pilot Flying J have filed a collective action complaint against the truck stop chain, alleging they were misclassified as exempt employees and not paid overtime for additional hours they worked.

According to court documents filed on Tuesday, Oct. 15 in U.S. District Court in Nashville, Tenn., Jacquelyn Dorris, Eric Klauss and David Rowe claim Pilot violated wage provisions of the Fair Labor Standards Act. The suit states the three former employees worked an average of 50 to 60 hours per week as resetters or merchandisers, but that Pilot “improperly paid them on a salary basis, incorrectly classifying them as exempt employees.”

The complaint states that Dorris worked for Pilot as a resetter for six years, while Klauss and Rowe each worked for the company for eight years before being terminated from the company in May. The three former employees claim they traveled to an assigned store each week, arriving on Monday and traveling home on Fridays, but weren’t paid overtime for the 10 to 20 additional hours they worked each week.

They claim that 95 percent of their working time was manual labor, which included stocking and restocking displays and moving merchandise boxes.

“The named plaintiffs and all other resetters or merchandisers employed by Pilot within the last three years are owed thousands of hours of overtime wages,” according to the complaint.

Since April, Pilot Flying J has been in the news over a separate matter, involving an alleged fuel rebate scheme.

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