I am in Illinois and sold my route Oct. 2019. Pepperidge Farm says any customer concerned with whole vs. enriched wheat flour could simply check the ingredients list on the back of the box. . Long, founder of The Long Law Group, PC in Pasadena, CA, noted that a good starting point is the six-factor economic realities test which focuses on whether a worker is economically dependent on an employer (thus, an employee) or in business for him or herself (thus, an independent contractor) under the Fair Labor Standards Act (FLSA), although there are different tests to determine if a worker is an employee at the state level. Order now at www .exportsolutions.com. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Top Class Actions is a Proud Member of the American Bar Association, Various Trademarks held by their respective owners. A Creative Approach to Resolving Workplace Claims, U.S. Federal District Court- Central District. Norwalk, Connecticut Business Rating: Rate this business Tell us has your experience with this business or person been good? In Illinois in February 2016, yet another Pepperidge Farm lawsuit was filed by two more distributors who alleged they were misclassified as independent contractors and were owed back benefits. is_redirect && ! Successful mediation enabled the proposed settlement among all three cases. Bread route owners will usually load their trucks on a daily basis. Food Products. Export. The complaint for this class action alleges that Pepperidge Farm, Inc. misclassified the plaintiffs in this action as independent contractors when they were actually employees. The alleged retaliatory actions included a five-day suspension, denial of transfer and promotion requests, and half the salary she previously made. If the proposed settlement is approved, the motion divides it up as follows: Pepperidge Farm was founded in 1937 and was acquired by Campbell Soup Company in 1961. The degree of permanence of the working relationship. The lawsuit stemmed from defendants terminating "without cause" its agreement with plaintiff that permitted plaintiff to distribute bread products . Dismissing the case is appropriate, notwithstanding Hewson's request for a court judgment confirming an arbitrators', along with fees, costs and prejudgment and post-judgment interest, according to the motion. The motion says each eligible class member will receive approximately $4,000 for every year they were a Pepperidge Farm distributor between Oct. 2, 2010 and the present. 12 On November 14, 2010, plaintiff filed his complaint. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. So what do such cases hinge upon, and is there a very clear line between independent contractors and employees? Retail Retail Assistant Manager $9.62 per hour Cashier/Sales 300 distributor identification projects. Independent contractors, by contrast, enjoy fewer rights and are not eligible for benefits such as health insurance and retirement plans. . Plaintiff Edmund S. and former plaintiff Marc A. filed the wage and hour lawsuit alleging Pepperidge Farm had denied the workers employment benefits by misclassifying distributors as independent contractors. 2023 www.courierpostonline.com. The plaintiff is represented by Printy & Printy, P.A., and Pepperidge Farm by Shumaker, Loop & Kendrick, LLP. This includes the cost of a special handheld computer and printer which costs up to approximately $5,000.00 depending on where the devices are bought, the cost of a delivery vehicle that is in accordance with food safety standards and the cost of insurance to cover public liability, property damage and workers compensation insurance where appropriate. The motion says each eligible class member will receive approximately $4,000 for every year they were a Pepperidge Farm distributor between Oct. 2, 2010 and the present. In response to the claim of retaliation under the FPWA, the defendant said that the alleged activity, policy, or practice of Defendant that Plaintiff alleges to have objected to or refused to participate in did not constitute an actual violation of any law, rule, or regulation. Additionally, the defendant reported that the plaintiff did not communicate any violations of laws or illegal activity to the defendant or use corrective opportunities provided by Pepperidge Farms to its employees. Fill out the form below to schedule a consultation. We distribute product to approximately 35,000 independent stores around the country and are . Cookie routes can sell between 25-40 times their weekly sales average. From Top Class Actions, Kim Gale reports on a proposed settlement by of claims that workers were misclassified by Pepperidge Farm, Inc. as independent contractors. That lawsuit was moved to a California federal court. 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