MATTER OF HUDACS v. FRITO-LAY, INC.


214 A.D.2d 940 (1995)

625 N.Y.S.2d 722

In the Matter of John F. Hudacs, as Commissioner of Labor of The State of New York, Respondent, v. Frito-Lay, Inc., Appellant, et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 27, 1995


Mikoll, J. P.

Respondent Frito-Lay, Inc. manufactures and distributes snack food through its route salespersons, who deliver its snack products to retail stores and collect payment for the sale immediately upon delivery. The snacks are picked up by the salesperson each morning from the Frito-Lay warehouse. A warehouse person and the route salesperson verify the cost and quantity of the snacks taken, and the amount is then recorded as a charge on the route...

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