by Mike Donoghue, Correspondent, VermontBiz Three Vermont men are part of a requested class action lawsuit filed in US District Court in Burlington against Bimbo Bakeries USA Inc. and its distribution arm on claims they repeatedly failed to pay premium wages for work beyond 40 hours a week.
Arthur Provencher of South Hero, Michael McGuire of Colchester and Ronald Martel of Essex maintain they are falsely classified as independent contractors by Bimbo and Bimbo Food Bakeries Distribution LLC.
The three men, who all work out of the Williston distribution center, say they need to be listed as regular employees, according to the 16-page lawsuit.
Bimbo conducts substantial business in Vermont, including sales, marketing and distribution of baked goods. The bakery and snack products are pushed to large mass-market retailers, including Shaw's, Walmart, Hannaford, Dollar General and others, according to the lawsuit.
Bimbo has about 30 listed brand names, including Freihofer's, Sara Lee, Thomas and Arnold, according to the company website.
Bimbo, which is based in Horsham, PA, also lists outlet stores in Williston, Berlin and St. Johnsbury.
John Reynolds, a spokesman for the company, said Bimbo did not wish to comment immediately on the lawsuit. Bimbo will be required to file in court this month a written response about the allegations.
Provencher, McGuire and Martel, who all work as distributors for Bimbo, maintain they put in more than 40 hours each week, but do not get overtime premium pay. Provencher said he routinely works about 51 hours a week, the lawsuit said.
Manchester lawyer Merrill Bent, on behalf of the plaintiffs, said her clients are asking that their case be considered a class action lawsuit for all others similarly situated in Vermont, New York and Connecticut.
The lawsuit maintains Bimbo hires individuals as employees to distribute products and stock shelves, but misclassifies them as independent contractors. The company should be subject to Vermont labor law and the Fair Labor Standards Act, the filing said.
The lawsuit insists Bimbo prevents distributors from exercising independent control over their business and the company controls certain rights. These include the right to negotiate product prices, to set space on shelves at retailers, setting promotional sales, discipline and to withhold pay for specified expenses.
The lawsuit maintains Bimbo violated the Fair Labor Standards Act and the Vermont Employment Practices Law.
The plaintiffs seek a jury trial to determine the overdue overtime, interest, other damages, penalties and legal costs.
