January 27, 2021

Consumer News Employment Class Action Independent Contractor Misclassification

Class Action Settlement Approved for Flowers Foods Distributors in North Carolina

On December 29, 2020, a federal judge approved final settlement of a class action lawsuit brought on behalf of distributors of Flowers Foods and Franklin Baking Co. in North Carolina. This lawsuitis one of many wage and hour cases brought by distributor-drivers of Flowers Foods in states across the East Coast and in Arizona. Wanta Thome Jozwiak &Wanta LLP serves as Lead Class Counsel in the present case, as well as several other lawsuits that have either settled or still in litigation.

Filed in November 2015, Rosinbaum et al. v. Flowers Foods, Inc. and Franklin Baking Co, LLC is a class action lawsuit venued in the United States District Court, Eastern District of North Carolina, Southern Division, and was brought on behalf of a class of individuals who operate(d) as fresh bakery product distributors for Defendants. Flowers Foods is the second largest commercial bakery company in the United States. The companies jointly employ “distributors” to deliver bakery and snack food to their customers, which include grocery stores, mass retailers, and fast food chains. This action challenged both the classification of distributors as independent contractors and Defendants’ denial to Plaintiffs and the class members of the rights, obligations, privileges, and benefits owed to them as employees (including overtime and other benefits.) Plaintiffs allege violations of the Federal Fair Labor Standards Act (FLSA) and related state laws.

The settlement in Rosinbaum creates a settlement fund of over $5 million, which will compensate each class member for all deductions made during the recovery period.

For questions about this lawsuit, or for questions about independent contractor misclassification, contact our class action attorneys. Wanta Thome PLC has represented hundreds of workers and recovered millions of dollars in class action lawsuits alleging misclassification of independent contractors.