Another case involving a class of truck drivers who say they were misclassified as independent contractors is set to move forward.

On Tuesday, May 7, the U.S. District Court for the Eastern District of Pennsylvania denied Flowers Foods’ motion to decertify the collective action against the Georgia-based Wonder Bread and Nature’s Own manufacturer over misclassification and lost wages.

The class, which alleges violations against the Fair Labor Standards Act and various state wage laws, consists of drivers in Pennsylvania, Maryland and New Jersey.

The plaintiffs work as drivers and distributors for Flowers – buying the products from Flowers at a discount and then selling it to the customers and delivering the product. Flowers argues that the drivers are independent contractors, because they handle their own sales.

According to court documents, Flowers makes all of the drivers sign a distributor agreement, which labels them as independent contractors. Each distributor is assigned to a defined geographic area, making the distributor responsible for sales and deliveries within that area.
Misclassification class action moves forward against Wonder Bread manufacturer