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Former Employee Alleges PepsiCo Violated Labor Laws Over Unpaid COVID-19 Screenings

COOK COUNTY RECORD

Friday, April 25, 2025

Former Employee Alleges PepsiCo Violated Labor Laws Over Unpaid COVID-19 Screenings

Federal Court
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U.S. District Court for the Northern District of Illinois | Official website

Randy Johnson has taken legal action against a major corporation, accusing it of unfair labor practices that have affected him and many others. On April 14, 2025, Randy Johnson filed a class-action lawsuit in the United States District Court for the Northern District of Illinois against PepsiCo, Inc. The complaint alleges that PepsiCo violated state labor laws by requiring employees to undergo unpaid COVID-19 screenings before their shifts.

The crux of the case lies in PepsiCo's policy mandating hourly, non-exempt employees to complete COVID-19 screenings without compensation. This policy allegedly breaches the Illinois Minimum Wage Law (IMWL) and the Illinois Wage Payment and Collection Act (IWPCA), as it results in employees working over 40 hours a week without receiving due overtime pay. "PepsiCo’s conduct violates Illinois law," states the complaint, highlighting that this unpaid time should be considered compensable work hours. Johnson claims he was regularly scheduled for 50 to 60-hour workweeks but was not compensated for the time spent on mandatory health checks.

Johnson also contends that PepsiCo's actions amount to unjust enrichment under the theory of Quantum Meruit, as employees provided valuable services during these screenings without remuneration. He argues that this practice benefited PepsiCo by ensuring workplace safety and compliance with health regulations while saving on operational costs at the expense of employee wages.

The lawsuit seeks class-action status under Federal Rule of Civil Procedure 23, representing all similarly affected employees across three categories: those who worked over 40 hours weekly (IMWL Class), those subjected to screenings since April 2020 (IWPCA Class), and those who worked less than 40 hours but were still uncompensated for screening time (Quantum Meruit Class). Johnson aims to recover unpaid wages, penalties, attorneys' fees, and other damages exceeding $5 million.

In his filing, Johnson requests several forms of relief from the court: certification of the class action, appointment as class representative with his counsel as class counsel, a declaration that PepsiCo's policies violate Illinois law, compensation for unpaid wages and damages, coverage of legal costs including attorney fees, and any further equitable relief deemed appropriate by the court.

Representing Johnson is attorney Matthew S. Parmet from Parmet PC in Houston. The case is presided over by judges in the Northern District of Illinois under Case No. 1:25-cv-4056.

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