KGG Partners Randy J. Perlmutter and Gary S. Graifman successfully resolved a class-action case involving Flowers Foods bakery product delivery distributors who alleged they were improperly misclassified as independent contractors rather than employees. The case settled after more than two years of hard fought litigation, just prior to a trial on the core issue of misclassification. The trial was ordered after KGG successfully defended Flowers’ motion for summary judgment.
The settlement encompasses 27 plaintiffs and contains significant monetary and non-monetary relief for the plaintiffs. The total settlement was $1.49 million inclusive of attorney’s fees. Flowers also agreed to several important changes to their distributor agreements that will better serve the remaining distributors now and in the future. There were no objections to the settlement which was overwhelmingly well received.
To learn more details regarding the case and settlement, all documents are available on www.pacer.gov. The case is Schucker v. Flowers Foods, Inc., No. 16-cv-3439 (S.D.N.Y. 2018).