Nicholas & Tomasevic Certifies Employment Claims for a California Class of Flowers Foods "Independent Contractor" Distributors

Decision is a win for misclassified workers in California

SAN DIEGO, July 6, 2022 /PRNewswire/ -- On July 5, 2022, Judge Jinsook Ohta (S.D. Cal.) granted a motion for class certification filed by Nicholas & Tomasevic, LLP of all Flower Foods Distributors in California that personally operate their territories. The court found that the employment claims for overtime, expense reimbursement, deductions from pay, and wage statement under California's Labor Code and Wage Orders were sufficiently "common" claims.

The court determined that, under California's tests for when a worker is an employee or an independent contractor, common evidence will yield common answers and advance the claims of the entire group of distributors. California's Supreme Court and subsequently California's Legislature, adopted the "ABC Test" to distinguish between truly independent workers and those that should be treated as employees. If the distributors can show they operate within Flowers Foods' broader baking business or that Flowers has a sufficient degree of control over them by virtue of their common "Distributor Agreements," they are employees entitled to overtime, expense reimbursements (like gas, mileage, repairs), and other expenses.

Francis Tobin of Ogletree Deakins represents Flowers Foods in this action and a related action brough by distributors, where Mr. Tobin opposed and lost a motion for summary judgment finding Flowers Foods misclassified its distributors. Francis Tobin has failed to date in his efforts to force distributors to bring claims on an individual basis only and, relatedly, to minimize Flowers' liability for classifying workers as "independent contractors" throughout California.

Nicholas & Tomasevic attorneys Craig Nicholas, Alex Tomasevic, Shaun Markley, and Ethan Litney represent the now-certified class of Flowers Foods distributors in California. Shaun Markley is available for comment at [email protected].

CONTACT:
Shaun Markley
225 Broadway, 19^th Floor
San Diego, CA 92101
(619) 325-0492 Telephone
[email protected]

SOURCE Nicholas & Tomasevic