Photo Credit: ALX 91
The lead plaintiffs in the case say they regularly worked more than forty hours per week for the baking giant as sales representatives.
According to the complaint, they never received the mandated time-and-a-half pay that accompanies overtime work.
One plaintiff, Christopher Oddo, says he worked well over 40 hours per week operating a delivery truck. According to the complaint, he was compensated with a base salary of $110.00 er week, plus 12% sales commission. None of his pay constituted additional compensation for hours worked beyond 40 per week.
The other plaintiffs in the case, Philip Brucato and Michael Lennon, have almost identical claims.
The men say they were never given authority to hire or fire employees for Bimbo, nor were they able to make discretionary decisions regarding matters of financial significance to Bimbo, meaning they do not fall in the class of workers that are exempt from overtime pay, according to the complaint.
They say they were not required to have prior sales experience when they were hired by Bimbo, another technicality that could cause their exclusion.
The class is represented by Matthew Miller of Swartz Swidler LLC, who filed the case in the Eastern District of Pennsylvania in July.
Judge Paul Diamond is presiding over the trial. On Wednesday October 25, he issued an order reminding counsel from both parties that they are required to work with one another, and failure to do so will result in sanctions.