Nicks, et al. v. Peco Foods, Inc. – Unpaid Overtime Settlement

Berger Montague served as co-lead counsel and obtained a $575,000 settlement in this wage and hour lawsuit against Peco Foods, Inc. and Armco Services, Inc. on behalf of approximately 130 individuals employed in the United States as live-haul chicken-catching crew members during the time period at issue. Led by Camille Fundora Rodriguez of Berger Montague, the plaintiffs brought this unpaid overtime case alleging violations of the federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”). The case was litigated in the United States District Court for the Northern District of Alabama and was captioned Nicks, et al. v. Peco Foods, Inc., No. 7:16-cv-01057-LSC (N.D. Ala.)

The plaintiffs were non-exempt, piece-rate paid live-haul chicken-catching crew members who were staffed by Armco, a privately held staffing corporation, at the direction of Peco on projects throughout the country, where they operated chicken processing plants and produced a large output of poultry products for interstate commerce. Plaintiffs routinely worked well over forty (40) hours per workweek, throughout the duration of their assignments, and were paid only a piece-rate per 1,000 chickens caught, with no overtime pay for hours worked in excess of forty. Plaintiffs specifically claimed that defendants Peco and Armco are joint employers pursuant to the FLSA. The settlement resolved the claims alleged in the action.

If you have experienced unpaid wages, unpaid overtime compensation, unreimbursed business expenses, or other wage and hour violations under federal or state laws by your employer, please contact Berger Montague. Our award-winning employment lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.