Flowers Foods Leaves Bad Taste for Distributor DriversSanta Clara, CA A California federal judge ruled that Flowers Foods Inc. misclassified its distributor drivers as independent contractors and drivers can go ahead with overtime claims against the second-largest commercial bakery in the US (whose brands include Wonder Bread, Tastykake, Sunbeam, and Nature’s Own). It has a track record of misclassification lawsuits nationwide: in October 2021 the company agreed to pay $20 million to resolve nearly six years of Fair Labor Standards Act litigation involving more than 50 delivery drivers in Maine, and that’s not all. No wonder the cost of bread has gone up – it can’t put all the blame on the pandemic.
Unions and Musicians Poised to Settle Royalty Lawsuit for $8 MillionLos Angeles, CA On November 8, the District Court for the Central District of California gave preliminary approval to a proposal that will end a 2018 lawsuit between studio musicians and their unions.
Risto v. SAG-AFTRA highlights the difficulties that union and non-union artists face in collecting forms of compensation that are not protected under California labor law, but under the terms of collective bargaining agreements and the bargaining representatives’ duty of fair representation under federal labor law.
University of Miami to Settle ERISA Lawsuit for $1.85 MillionMiami, FL On November 23, the University of Miami and participants in five of its retirement plans agreed to settle proposed class action ERISA lawsuit. The agreement provides for $1.85 million and structural safeguards to protect participants’ retirement savings in the future. The university and the plans' fiduciaries have agreed not to increase current fees for recordkeeping services in the three years after the settlement effective date. As an additional safeguard, the university will also retain an independent fiduciary.
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