MASSILLON, Ohio, April 11, 2017 /PRNewswire/ -- Companies using outdated job titles for delivery drivers face lawsuits seeking proper compensation for overtime wages.
A collective-action lawsuit by route drivers working for Alfred Nickles Bakery will likely go to trial, following a judge's decision to deny a motion by the company to stop it.
Nilges Draher LLC, which has one of the largest and most experienced overtime and minimum-wage litigation practices in Ohio, will represent the Nickles drivers. Nearly 70 drivers have joined the collective-action suit, originally filed by Jeff Twiddy Sr.
The suit claims that the route drivers are misclassified by Nickles as outside sales workers since the drivers do not perform any sales functions. This misclassification benefits Nickles, as outside sales positions are exempt from overtime via the federal Fair Labor Standards Act ("FLSA").
Since route drivers do not make sales, the FLSA requires Nickles to pay its drivers overtime for any hours exceeding 40 per week. Nickles currently fails to provide drivers any overtime compensation.
"Classifying route drivers as sales workers is a holdover from a time long past and is a misrepresentation of their current role," says attorney Hans Nilges. "All Nickles route drivers should, by law, be paid for overtime work and deserve to receive appropriate compensation."
Recently, similar cases were settled in favor of route drivers claiming they, like the Nickles' drivers, were owed overtime. Utz Quality Foods Inc. agreed to pay $2.5 million, Flowers Foods (Wonder Bread) agreed to pay $9 million and Herr Foods agreed to pay $2 million in settlements. Nilges Draher LLC, along with The Lazzaro Law Firm, represented the route drivers employed by Utz.
"The industries employing route salespersons haven't responded to the changes in responsibilities of those delivering products," says Nilges. "There are, we believe, hundreds of companies that are not compensating employees properly. We think this suit will be a big win for our clients and look forward to resolving this case through a settlement or successful jury trial."
No date has been set yet for the trial.
In addition to the Nickles Bakery lawsuit, Nilges Draher also is representing drivers for the Schwebel Baking Co. These drivers have filed a lawsuit requesting a trial on similar grounds.
About Nilges Draher LLC
Nilges Draher LLC. is one of the largest and most experienced overtime and minimum-wage litigation practices in Ohio. Our experienced attorneys have successfully represented employees in a wide range of lawsuits, with a particular emphasis on FLSA (overtime and minimum wage), FMLA (medical leave) and disability discrimination.
For more information, call 330.470.4428 or visit www.ohlaborlaw.com.
Hans A. Nilges
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SOURCE Nilges Draher LLC.