Flowers Foods, Inc., Others Hit with Unpaid Overtime Class Action

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A former distributor has filed a class action against Flowers Foods, Inc. and others claiming the companies violated the Fair Labor Standards Act (FLSA) by failing to pay proper overtime wages. The suit—which also named Flowers Baking Co. of Bradenton, LLC and Flowers Baking Co. of Villa Rica, LLC as defendants—alleges the plaintiff routinely worked up to 60 hours per week without being paid the time-and-a-half hourly overtime rate required by the FLSA.

Distributors reportedly sign on to work with defendant under the guise that they can “run their businesses independently, have the discretion to use their business judgement” and manage their own profit increases. According to the complaint, however, the defendants wrongfully classify drivers as independent contractors despite controlling just about every aspect of the individuals’ day-to-day work activities, business decisions and price negotiations.

This isn’t the first time the defendants have come under fire for its allegedly illegal wage practices. After multiple rounds of litigation with distributors, “Flowers Foods decided to offer current distributors at all of its subsidiaries money to sign an agreement that include an arbitration clause,” the lawsuit notes, effectively wiping out distributors’ right to sue the company in court.

The proposed class includes anyone who worked for the defendants in Florida and Georgia within the last three years who were not paid proper overtime wages.