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Judge Swats Away Bimbo Bakeries’ Defense Moves in OT Suit

April 4, 2019, 6:04 PM

Bimbo Bakeries USA Inc. lost its bid to pursue an unjust enrichment counterclaim against a group of delivery drivers who say the company misclassified them as independent contractors and owes them overtime compensation.

Bimbo isn’t the only bakery staring down wage and hour claims that allege improper misclassification of its delivery drivers. Flowers Foods Inc. settled 12 Fair Labor Standards Act lawsuits as a set for $9 million in February and continues to defend a similar case in Maine.

But taking tax deductions as independent contractors and retaining profits made by the distributors from marking up wholesale prices are just...

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