Flowers Foods Driver Beats Bid to Toss State-Law Overtime Claim

Aug. 22, 2023, 5:08 PM UTC

A Flowers Foods Inc. bakery distribution driver can pursue his state-law overtime allegations after a federal judge rejected the company’s argument that the claims conflict with a federal wage statute.

The driver can attempt to recover for allegedly untimely payments under Arizona law even though the state wage statute doesn’t mandate overtime without running into federal Fair Labor Standards Act preemption problems, the US District Court for the District of Arizona said.

James Salgado sued Flowers Foods—known for its Nature’s Own, Dave’s Killer Bread, and Tastykake brands—and subsidiary Holsum Bakery Inc. on behalf of a would-be FLSA collective and ...

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