HUNTINGTON — Seven lawsuits have been filed against Bimbo Bakeries USA alleging that employees were not properly paid minimum wage, causing them to lose significant income.
Matthew Parton, Brandon Keffer, Hank Atwell, Scotty Laxton, Wayne Fisher and Lloyd Wolf claim the bakery withheld and/or reduced their wages, causing them to lose and continue to lose significant income, according to seven complaints filed in U.S. District Court for the Southern District of West Virginia.
Parton was named as the plaintiff in two of the seven cases.
The plaintiffs were required to work a minimum of eight hours per day five days per week and received a base pay of $315, regardless of how many actual hours they worked. They did not receive additional pay for hours after 40 hours.
The plaintiffs claim they received bonuses and/or incentive pay based on the number of products sold by the retail stores to which they delivered, however, if products did not sell, the plaintiffs were charged for the products that did not sell.
"The formula developed by Bimbo for bonus and/or incentive credits and charges for unsold products unlawfully charges the Plaintiff for products that are not sold by retail stores," the complaint states. "In fact, Bimbo actually receives more for unsold products by charging the Plaintiff’s account than it does for products actually sold by retailers."
The plaintiffs allege the defendant's violations were unlawful and they filed grievances through the Retail, Wholesale and Department Store Union Local 21, AFL-CIO, but it was found that the defendants did not violate the Collective Bargaining Act.
The defendant has been unjustly enriched at the plaintiffs' expense, according to the suits. The defendant has also violated the Fair Labor Standards Act.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Stephen P. New and Amanda J. Taylor of New, Taylor & Associates in Beckley; and Anthony J. Majestro of Powell & Majestro in Charleston.
U.S. District Court for the Southern District of West Virginia case numbers: 3:22-cv-00014, 3:22-cv-00015, 3:22-cv-00016, 3:22-cv-00017, 3:22-cv-00018, 3:22-cv-00019, 3:22-cv-00020