December 13, 2023
Bakery distribution drivers sued claiming they have been misclassified as unbiased contractors. The bakery fought again with its personal counterclaim. It argued employees ought to repay monies earned as unbiased contractors to offset damages if the bakery was discovered to have misclassified them.
However a federal decide in Vermont on Dec. 5 dominated towards the bakery, Bimbo Meals Bakeries Distribution LLC, the US Division of labor reported.
The court docket famous Bimbo was making an attempt to profit from its allegedly illegal misclassification, based on the division. The court docket discovered the US Truthful Labor Requirements Act doesn’t enable for state regulation counterclaims the place they lower towards the act’s central objective.
As well as, the court docket acknowledged counterclaims reminiscent of this may give employers incentive to violate wage legal guidelines after which search reimbursement for these violations, the division mentioned. It additionally reported that the court docket identified such a counterclaim may discourage employees from asserting their rights.
“The court docket’s dismissal of Bimbo Bakeries’ counterclaim is a major determination that strengthens the rights of employees beneath the Truthful Labor Requirements Act,” Solicitor of Labor Seema Nanda in a press launch. “The Division of Labor will all the time be involved when an employer engages in conduct that daunts workers from elevating their voices. This contains retaliation, coercive employment phrases or — because the court docket acknowledged right here — unlawful makes an attempt to say counterclaims towards employees who could have reputable claims for unpaid wages.”
The employees’ lawsuit contains drivers in Connecticut, New York and Vermont.
SIA has reached out to Bimbo Meals for remark.
Bimbo Meals Bakeries Distribution LLC is affiliated with Bimbo Bakeries USA, the nation’s largest industrial baking firm, based on the division.
Arthur Provencher, Michael McGuire and Ronald Martel on behalf of a category v. Bimbo Bakeries USA Inc. and Bimbo Meals Bakeries Distribution LLC, US District Court docket for the District of Vermont, 2:22-cv-198.
