Two New England delivery drivers have filed a proposed class action lawsuit against Bimbo Bakeries USA, accusing the company of misclassifying them as independent contractors rather than employees. The lawsuit claims that Bimbo Bakeries' decision to classify delivery drivers as independent contractors violates Massachusetts law and deprives the drivers of overtime wages, business deductions, and other employee benefits.

Chibuike Igwenagu, a driver from Worcester, Massachusetts, and Brandon Hastings, from Dover, New Hampshire, allege that Bimbo Bakeries' misclassification has resulted in financial hardships, including lost overtime wages, unpaid business expenses, and penalties for stale products. The lawsuit seeks to represent a class of all independent contractors delivering goods for the company.

According to the complaint, Bimbo Bakeries is well aware that it cannot prove its drivers meet the Massachusetts "ABC" independent contractor test, which is more stringent than other states' tests, including New York. Despite prior rulings in New York and Massachusetts, where Bimbo failed to justify its drivers' independent contractor status, the company has allegedly continued to misclassify workers.

"Notwithstanding Bimbo's failure to meet a similar ABC test in New York, or the Massachusetts Board of Revenue's publicly available opinion in a similar case involving an unnamed bakery company misclassifying delivery drivers, Bimbo has continued to willfully ignore compliance with the Massachusetts Wage Act," the drivers state in the complaint.

The lawsuit also highlights that some delivery drivers at Bimbo’s Wilmington, Massachusetts, distribution facility are classified as employees and receive benefits, while others perform the same duties but are classified as independent contractors. The plaintiffs argue that the only meaningful difference between the two groups is their classification status, which impacts their compensation and benefits structure.

The complaint asserts that Bimbo Bakeries' actions have unjustly enriched the company by withholding benefits due to the misclassified drivers, in violation of the Massachusetts Wage Law.

Igwenagu and Hastings are represented by Zachary L. Rubin of ZLR Litigation PLLC and Matthew D. Patton, Raven Moeslinger, and Nicholas F. Ortiz of Ortiz & Moeslinger PC.