Saltz Mongeluzzi & Bendesky’s class-action attorneys, serving as lead counsel for Tastykake delivery route drivers in Pennsylvania, Maryland, and Virginia, are lauding yesterday’s $3.15 million Fair Labor Standards Action (FLSA) misclassification case settlement and the presiding U.S. District Court judge who pronounced the agreement “as tasty as a Tastykake”.
SMB’s class-action attorneys Simon B. Paris and Patrick Howard, following the settlement approval by Judge Joshua D. Wolson, for the Eastern District of Pennsylvania, said the settlement is fair in every respect and a testament to the transparency and good faith efforts of the parties and the seasoned supervision that counsel received from the bench.
In Judge Wolson’s filed Memorandum, he stated, “The Court must decide whether the Parties have baked a settlement agreement that is as tasty as a Tastykake. They have.”
“Our clients, who alleged in our complaint (William C., et al. v. Tasty Baking Co., Case No. 2:19-cv-02106, USDC, Eastern District of PA) they were misclassified under FLSA and, therefore, shortchanged in many areas, including compensation,” said Mr. Paris, “are satisfied with this outcome and believe going forward they will be more appropriately recognized for the incredible hard work they perform in service to Tastykake and its customers.”
Mr. Howard added, “This action from the start was about fundamental fairness in how an employer treats independent contractors who outwardly appear to be employees but do not receive the same benefits as employees. We believe this settlement marks a new and positive chapter in company-contractor relations at Tasty as it relates to the class members. Throughout the litigation – and in the face of extraordinary challenges presented by Covid-19 – those hard working men and women never lost focus on their tasks.”
The attorneys noted that Tastykake did not admit to the alleged violations as part of the settlement.