McCurley v. Flowers Foods Inc et al

Filing 74

ORDER certifying the class as stated. The court next APPROVES the Notice and Consent Form (ECF No. 71-1) submitted by the parties and the putative members of the collective action will have sixty days from the date notices are mailed to opt-in to this action. Finally, the court APPROVES all remaining agreed upon provisions of the parties' Joint Stipulation (ECF No. 71). Signed by Honorable J Michelle Childs on 11/14/2016. (asni, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Paul McCurley, III, individually and on
behalf of all similarly situated individuals,

)
)
)
Plaintiff,
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v.
)
)
Flowers Foods, Inc. and Derst Baking
)
Company, LLC,
)
)
Defendants.
)
___________________________________ )

Civil Action No. 5:16-cv-00194-JMC

ORDER

Plaintiff Paul McCurley, III (“Plaintiff”), individually and on behalf of all similarly
situated individuals, filed this class and collective action against Defendants Flowers Foods, Inc.,
and Derst Baking Company, LLC”, (together “Defendants”) alleging violation of the Fair Labor
Standards Act, 29 U.S.C. §§ 201–219, the South Carolina Payment of Wages Act, S.C. Code
Ann. §§ 41-10-10 to -110 (Supp. 2011), and the South Carolina Unfair Trade Practices Act, S.C.
Code Ann. § 39-5-10 to -560 (2014). (ECF No. 1 at 11 ¶ 56–15 ¶ 81.) Plaintiff alleges that he
and other distributors of Defendants’ products have been “misclassified as independent
contractors” thereby resulting in the denial of “the rights and benefits of employment, including,
but not limited to overtime pay.” (Id. at 7 ¶ 37.) On October 24, 2016, the court granted
Plaintiff’s Motion for Conditional Certification and Judicial Notice (ECF No. 45). (ECF No.
69.)
This matter is before the court as a result of the Joint Stipulation (ECF No. 71) that was
filed by the parties and is incorporated by reference. In accordance with this Joint Stipulation,
the court CERTIFIES the following class: All individuals who, through a contract with
Defendants or otherwise, performed or perform as Distributors for Defendants under an

agreement with Derst Baking Company, LLC and who were classified by Defendants as
“independent contractors” in Georgia and/or South Carolina at any time from January 20, 2013
to November 14, 2016, and who file a consent to join this action pursuant to 29 U.S.C. § 216(b),
except those Distributors who have executed an arbitration agreement or class action waiver.
The court next APPROVES the Notice and Consent Form (ECF No. 71-1) submitted by the
parties and the putative members of the collective action will have sixty days from the date
notices are mailed to opt-in to this action. Finally, the court APPROVES all remaining agreed
upon provisions of the parties’ Joint Stipulation (ECF No. 71).
IT IS SO ORDERED.

United States District Judge
November 14, 2016
Columbia, South Carolina

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