Collective Action Says Flower Foods, Baking Illegally Misclassified Workers

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Flowers Foods, Inc. and Flowers Baking Co. of Villa Rica, LLC are facing a proposed class and collective complaint out of Georgia that alleges the companies unlawfully misclassified current and former drivers as independent contractors. The lawsuit claims the workers were classified as independent contractors, rather than employees, as a means for the defendant to avoid its obligation under the Fair Labor Standards Act (FLSA) to pay time-and-a-half hourly overtime wages.

“With no organic growth in the bread industry, Flowers maintains its expanding margins by intentionally misclassifying it is distributors in order to avoid paying them overtime compensation as they work approximately 70-80 hours per week,” the case argues.