Migliaccio & Rathod LLP is investigating whether Flowers Foods misclassified certain route distributors as independent contractors and failed to pay overtime, minimum wages, and required business-expense reimbursements.
Flowers Foods distributes bakery products under brands including Nature’s Own, Wonder, Dave’s Killer Bread, Canyon Bakehouse, Tastykake, and other regional brands. Although prior litigation has challenged aspects of Flowers Foods’ distributor model, the memorandum identifies potential additional or uncovered distributor cohorts that may not have been included in earlier settlements or litigation and whose claims may still warrant investigation.
Certain distributors may personally obtain products from company depots, deliver them to assigned retailers, stock shelves, rotate inventory, remove stale products, and perform merchandising and ordering work while bearing significant operating expenses.
Reported Route Distributor Responsibilities and Expenses
Route distributors may have been required to:
- personally operate assigned distribution routes;
- obtain products from company facilities;
- deliver products to assigned grocery stores and retail locations;
- stock shelves and maintain company merchandising standards;
- rotate inventory and remove stale products;
- process orders, returns, and administrative paperwork;
- purchase or finance routes;
- maintain delivery vehicles at their own expense;
- pay fuel, insurance, maintenance, technology, and operating costs; and
- work substantial hours without overtime compensation.
Why Route Distributors Should Be Concerned
Whether a worker is properly classified depends on the realities of the working relationship rather than contractual labels. Workers who personally perform deliveries while operating under detailed company requirements concerning routes, stores, products, merchandising, and service standards may have employee rights despite being classified as independent contractors.
Distributors also may have performed significant uncompensated work before and after deliveries, including loading products, stocking shelves, removing stale inventory, placing orders, handling returns, and completing paperwork.
Potential Claims May Include
- Independent-contractor misclassification
- Unpaid overtime
- Minimum-wage violations after business expenses
- Unreimbursed vehicle and operating expenses
- Unpaid merchandising, loading, ordering, and administrative work
- Improper stale-product deductions
- Unlawful shifting of business expenses
- Recordkeeping violations
We Are Interested in Hearing From Current and Former Flowers Foods Route Distributors Who:
- personally delivered Flowers Foods products;
- serviced assigned stores or territories;
- operated through an LLC or other business entity;
- regularly worked more than 40 hours per week;
- paid fuel, insurance, maintenance, or other route expenses;
- performed unpaid merchandising, ordering, loading, or paperwork;
- experienced deductions involving stale or damaged products;
- were not included in prior Flowers Foods settlements; or
- believe they functioned as employees despite being classified as independent contractors.
You may have rights even if your agreement described you as an “independent distributor,” “independent operator,” “route owner,” or contractor operating through a separate business entity.
If you distributed Flowers Foods products and believe you were improperly classified or denied wages or reimbursements, please contact Migliaccio & Rathod LLP. There is no charge to speak with us, and there is no obligation to take legal action.
If you believe you encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.