Case Update (October 28, 2021):
On October 27, 2021, Partner Charles J. Kocher obtained final approval from a federal court to the $3.15 million class action settlement to Tastykake drivers, which will provide substantial class relief to nearly 300 class members in PA, NJ, and MD to resolve claims that they were unlawfully misclassified as independent contractors and incurred unlawful deductions from their pay.
The court noted that “Class counsel are qualified and experienced advocates in class litigation, including employment litigation, and demonstrated their skills….”
“Apart from resolving this class action, the settlement might serve as a warning to companies who may be improperly classifying their workers as independent contractors to avoid the benefits of wage laws.” – Charles Kocher, Esq.
Click here to read the Opinion. In the words of the Honorable Joshua D. Wolson, “The Court must decide whether the Parties have baked a settlement agreement that is as tasty as a Tastykake. They have.”
Class Settlement Alert (April 14, 2021)
Partner Charles J. Kocher secured a $3.15 million class-action settlement for Tastykake drivers in Pennsylvania, New Jersey, and Maryland, as well as on behalf of opt-in plaintiffs under the FLSA, to resolve allegations of Tastykake’s violations of federal and state wage and hour laws. According to the operative Complaint, Tastykake allegedly misclassified its delivery drivers as “independent contractors,” depriving them of overtime and other benefits of being employees and also subjecting them to improper pay deductions. The U.S. District Court for the Eastern District of Pennsylvania has granted preliminary approval of the settlement. Click here to read the order. McOmber, McOmber & Luber, P.C. and Saltz Mongeluzzi & Bendesky, P.C. were appointed as interim Class Counsel.
“Apart from resolving this class action, the settlement might serve as a warning to companies who may be improperly classifying their workers as independent contractors to avoid the benefits of wage laws.” – Charles Kocher – as featured in Law360 on April 12, 2021.
If you believe that you may be the victim of a wage and hour violation please contact our team today.