Distributor Drivers Alleging They Were Misclassified as Independent Contractors Can Pursue Their Claims as Collective Action
On February 28, 2025, Frankel Syverson PLLC won their Motion seeking conditional certification of a collective action of Distributor Drivers in Arizona who distribute baked goods for Holsum Bakery, Inc. and its parent company, Flowers Foods, Inc.
In the lawsuit, the lead plaintiff alleges that the Distributors are improperly classified as independent contractors and are actually employees entitled to the minimum wage and overtime. The Distributors deliver baked goods for the Company to retailers throughout Arizona. They also stock and arrange merchandise, remove damaged goods, and place advertising materials at retail locations. The named plaintiff brought the lawsuit on behalf of himself and the other Distributors in Arizona, alleging that the Company misclassified them as independent contractors and failed to pay them overtime and minimum wage.
The named plaintiff filed a Motion requesting the Court allow the case to proceed as a collective action under the Fair Labor Standards Act, meaning that the named plaintiff should be able to pursue the claims for unpaid overtime and minimum wage on behalf of himself and the other Distributors in Arizona. The Court granted the named plaintiff’s Motion, allowing the case to proceed as a collective action under the Fair Labor Standards Act on behalf of the Distributors who worked in Arizona from September 15, 2019 through the date the Fair Labor Standards Act Notice about the lawsuit is distributed to the Distributors who comprise the collective.
A copy of the Court’s Order granting certification can be found here. This result means that the Distributors will receive Notice about the lawsuit in the coming weeks and be given the opportunity to opt in to pursue their claims for unpaid overtime and minimum wage in the lawsuit filed by Frankel Syverson PLLC.
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