Suit Claims Martin’s Famous Pastry Shoppe Distributors Aren’t Independent Contractors

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Martin’s Famous Pastry Shoppe, Inc. is facing a proposed class and collective action in which it has been accused of misclassifying its employees as independent contractors and failing to pay them proper overtime wages. The plaintiff in the case says he worked for the defendant as a distributor and was responsible for loading his truck with bakery products, delivering them to stores, setting them on shelves, and removing older product to return to the defendant’s warehouse. According to the suit, distributors are required to purchase a route from the company and are then subjected to strict rules and procedures instead of being afforded the discretion to run their own businesses as independent contractors.

The complaint further argues that the defendant “shifted its business costs” to the workers by charging them various operational fees with each paycheck without obtaining authorization from the Commissioner of the Department of Labor.

The plaintiff says the defendant’s business model reflects that of an employer-employee relationship and claims that, as a result, he and other distributors should be paid overtime wages.