Tim Botonis and Liam Patrick Meikle, on behalf of themselves and all others similarly situated v. Bimbo Bakeries USA Inc.
Published: Apr. 26, 2024 | Result Date: Jan. 8, 2024 | Filing Date: Aug. 16, 2022 |Case number: 2:22-cv-01453-DJC-DB Settlement – $875,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Sarah S. Kanbar
(Beeson, Tayer & Bodine APC)
Defendant
Brian D. Fahy
(Morgan, Lewis & Bockius LLP)
Miranda M. Rowley
(Morgan, Lewis & Bockius LLP)
Facts
Bimbo Bakeries USA, Inc. (Bimbo) sold bread, buns, bagels, English Muffin, and sweet baked goods throughout California. Tom Botonis and Liam Patrick Meikle worked for Bimbo as "Route Sales Professional" and "Transport Associate," respectively, at its Sacramento distribution center. On May 31, 2022, Meikle and Botonis filed suit on behalf of themselves and a putative class of other similarly situated against Bimbo, alleging various Labor Code violations, an unfair competition and business practices claim, as well as a Private Attorney General Act claim. The class included all current and former individuals who are or previously were employed by Bimbo in California as Transport Associates or Route Sales Professionals or any associate doing similar work from May 10, 2018, to August 26, 2023, including but not limited to employees with titles of "Bakery RSR; Commission Sales Representative; Relief Driver; Relief Drivers; Relief Route Drivers; Route Relief; Route Sales Representative; Route Sales Representative-Express Routes; Route Sales Representatives; [and] Vacation Relief RSR." Bimbo estimated that there were approximately 1,692 members of the proposed class.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: properly reimburse for necessary business expenses, provide accurate itemized wages statements, and pay wages upon termination of employment for its California employees during the class period.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Bimbo Bakeries USA, Inc. agreed to pay $875,000 to settle all claims.
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