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PENNSYLVANIA RECORD

Thursday, May 2, 2024

Hourly employees allege they were not paid for pre-shift work

Lawsuits
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Bill Oxford

PITTSBURGH — Two Pennsylvania-based retail merchandising product and service companies are facing a class action alleging they violated state and federal wage laws.  

Leroy Frederick, individually and on behalf of all class members, filed a complaint April 29 in the Court of Common Pleas of Allegheny County against Acosta Sales Co., Inc., and Mosaic Sales Solutions US Operating Co., alleging violation of the Pennsylvania Minimum Wage Act and Wage Payment and Collection Law. 

Frederick, according to his suit, began working for the defendants as a merchandiser in June of 2017. He alleges his job duties include building and reconfiguring in-store displays, inventory and re-stocking and that merchandisers plan their day and review work emails from home to determine their daily assignments. 

He also alleges merchandisers are required to do other pre-shift work including gathering and purchasing supplies without being reimbursed and traveling to the various field site locations in their own personal vehicles. Frederick further alleges he was required to clock out and then perform other duties such as cleaning up, communicating with client representatives and completing reports. 

He alleges that his pre-shift duties amounted to 10 hours per week that were "off-the-clock" and that he and other merchandisers were not paid for those hours in violation of state and federal wage laws. 

Frederick and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Joshua Geist and William Goodrich of Goodrich & Geist PC in Pittsburgh, Michael Josephson, Andrew Dunlap and Travis Gasper of Josephson Dunlap in Houston and Richard Burch of Bruckner Burch PLLC in Houston. 

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