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Franze v. Bimbo Foods Bakeries Distrib. LLC

Unjust Enrichment Claim Denied Dismissal as Premature Before Contractor Status Decided

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OPINION & ORDER  D efendant Bimbo Foods Bakeries Distribution, LLC (“BFBD”) asserts a counterclaim of unjust enrichment against Plaintiffs Nicholas Franze & George Schruffer (“Distributors”) to recover revenue Defendant alleges Plaintiffs would keep as employees. Presently before the Court is Plaintiffs’ motion to dismiss Defendants’ unjust enrichment claim pursuant to Fed. R. Civ. P. 12(b)(6). (ECF No. 79.) For the following reasons, Plaintiffs’ motion is DENIED.BACKGROUNDThis is a class action that alleges BFBD has misclassified Nicholas Franze, George Schruffer, and other Distributors as “independent contractors” rather than as “employees”; as employees they are owed unpaid overtime and other damages. (Third Am. Compl.1 ECF No. 46.) Plaintiffs allege, inter alia, that requiring them to pay the costs of BFBD’s business constitutes unlawful deductions in violation of NYLL §193, and failure to pay overtime is a violation of the FLSA, 29 U.S.C. §207. Id.

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