Overtime Pay Class Action Lawsuit Says Bakery Drivers Were Shorted Wages

Three New Jersey delivery drivers have filed an overtime pay class action lawsuit against Pennsylvania-based Bimbo Bakeries.

Plaintiffs Christopher O., Philip B. and Michael L. claim that defendant Bimbo Bakeries USA Inc. has been violating the federal Fair Labor Standards Act and the New Jersey Wage and Hour Law by failing to pay its delivery drivers proper overtime wages and failing to implement a system for tracking work hours.

All three named plaintiffs in this overtime pay class action lawsuit say they have been working for Bimbo Bakeries since 1993 or earlier.

As Route Sales Representatives, their tasks included delivering the company’s baked products via truck and stocking them at various retailers, the plaintiffs say.

The plaintiffs claim that they each worked over 40 hours during at least one week over the past three years, but that they were never paid overtime wages for the extra hours worked.

They say their compensation consists solely of a $110 weekly base salary plus a 12 percent commission on sales. Yet despite never being offered overtime pay, they claim, they were regularly expected to work more than 40 hours in a week.

Drivers Seek Non-Exempt Status in Overtime Pay Class Action Lawsuit

Although Bimbo Bakeries has not been paying them overtime, the plaintiffs argue that they qualify as “non-exempt” employees under both the FLSA and the NJWHL, and they should therefore be entitled to overtime pay.

They claim that the Route Sales Representative position does not require any previous sales experience.

They also point out that they do not have hiring or firing authority over Bimbo Bakeries employees, the authority to schedule employees, or the authority to make decision of any financial significance to the company.

Therefore the workers meet the qualifications for overtime pay under both the FLSA and the NJWHL, they argue.

The plaintiffs are bringing their FLSA claims as a collective action. This type of action is a special type of lawsuit under the FLSA that is similar to an overtime pay class action lawsuit.

The main difference is that in a collective action, other employees who want to be included as plaintiffs must affirmatively opt into membership in the collective.

If they don’t opt in, they won’t be represented in that action, but they can still reserve the right to bring their own individual lawsuit separately.

In a class action, anyone who meets the definition of a class member is automatically included in the class – unless they affirmatively opt out.

For their FLSA claims, the plaintiffs seek to represent a nationwide collective on behalf of all persons currently or previously employed by Bimbo Bakeries as Route Sales Representatives or in similar positions and who have been subject to the employment practices complained of.

The plaintiffs are seeking to bring their NJWHL claims as an overtime pay class action lawsuit representing all such persons who were employed in New Jersey.

They seek a court order prohibiting Bimbo Bakeries from continuing to withhold overtime pay and requiring the company to pay employees any overtime wages improperly withheld. They are also asking for liquidated damages, court costs and attorneys’ fees.

The Bakery Delivery Drivers Overtime Pay Class Action Lawsuit is Oddo et al. v. Bimbo Bakeries U.S.A. Inc. et al., Case No. 2:16-cv-04267 in the U.S. District Court for the District of New Jersey.

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