Daily Labor Report®

Case: Wage & Hour/Class Action (N.D.N.Y.)

Nov. 18, 2019, 8:58 PM

Based on the “first-to-file” rule, individual and class action claims under the New York Labor Law and the Fair Labor Standards Act are dismissed in part. The plaintiffs alleged the company improperly deducted money from the wages of Bimbo Bakeries, Inc. employees and failed to keep accurate records of hours worked or to pay them overtime premiums they are due, but a substantially similar class action against Bimbo Bakeries was filed two years earlier in the Southern District of New York, seeking to determine whether independent operators for the bakery company were “independent contractors” or “employees” for purposes of their...

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