ATLANTA — Thomasville, Georgia-based Flowers Foods, Inc. and Flowers Baking Co. of Jamestown L.L.C. recently settled a multimillion dollar unpaid overtime lawsuit with delivery drivers across the South over allegations that the company intentionally misclassified workers. Though the claim took almost four years to resolve, the award is a well-deserved victory for the plaintiffs for all the hours of hard work put in to support their families and make a better life.
The settlement, yet to be approved by the judge overseeing the case, covers drivers in North Carolina, South Carolina, Virginia, and West Virginia. In November 2016, Flowers Foods settled similar claims with delivery drivers in Connecticut for $1.25 million and continues to litigate 17 other claims with drivers throughout the country on the very same issue.
The plaintiffs filed suit back in September 2012 alleging the defendant violated provisions of the federal Fair Labor Standards Act (FLSA) as well as the North Carolina Wage and Hour Act. In their claim, the drivers asserted that their duties included not only distributing goods and stocking shelves but also acting as sales persons for Flowers Baking Co.
Independent Contractor Model Remains in Place Despite Multi-Million Dollar Settlement
By performing these duties, the plaintiffs claim that they were misclassified as independent contractors and should have been treated like traditional employees entitled to overtime pay when they worked over 40 hours per week. While details of the settlement are still coming out, the proposed deal would essentially keep the defendant’s independent contractor model in place while compensating the plaintiffs.
While Flowers Bakery Co. admits no wrongdoing in the settlement, the scheme alleged is an all-too-common occurrence for many delivery drivers and distributors trying to make a living. Companies use the independent contractor business model to keep payroll costs down and avoid paying overtime to their drivers even though they assert more control over these workers than allowed by law and may even function as a joint employer.
Delivery Driver Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.