Ex-Herr's route driver sues for overtime

A former Herr Foods Inc. route sales driver has sued the Chester County snack-food maker, saying it violated federal labor laws because he and other drivers were not paid overtime even though they often worked more than 50 hours a week.

The suit, filed last week in U.S. District Court in Philadelphia, hinges on whether Kalvin Drummond, 44, of Philadelphia, is primarily an outside salesperson or a driver.

The U.S. Fair Labor Standards Act says outside salespeople do not have to be paid overtime.

"Your primary job has to be making sales," said Stacy Hawkins, a former management-side employment lawyer who is now an assistant professor at Rutgers-Camden's School of Law.

A spokeswoman for Herr's said the company had no comment. Drummond and his lawyer did not comment.

In his lawsuit, Drummond says prior sales experience was not a requirement for his job when he joined the Nottingham-based company on Oct. 4, 2005.

His training included instructions on driving an 8,000-pound step van and operating a handheld order processor, the suit says.

Sales volume, the suit says, depended on how many bags of chips and pretzels his retail customers sold the prior week.

Drummond's suit says he routinely worked more than 50 hours a week and was paid $500 a week, plus commissions. He left the company Dec. 17.

According to Herr's website, the company prefers route sales applicants with retail or customer-service experience as well as a valid driver's license. Also necessary are the ability to lift boxes, drive a van, and tolerate varied weather, including ice-slick surfaces.

Employees are expected, the site said, to "sell, deliver [and] stock" the merchandise as well as to "increase current customer sales volume."

A perk? According to the website, every employee gets one free family-size bag of chips a week.

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