Provencher v. Bimbo Bakeries USA, Inc.

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Case overview

Case Number:

24-3112

Court:

Appellate - 2nd Circuit

Nature of Suit:

 

  1. May 06, 2026

    2nd Circ. Ruling Will Restrict Where Workers Bring Collectives

    More workers will need to limit putative wage and hour collective actions to a single state or seek to bring a wider action where their employer is based or primarily does business, after the Second Circuit joined others in barring out-of-state workers from joining collective actions, attorneys said.

  2. May 04, 2026

    2nd Circ. Bars Out-Of-State Drivers In Bimbo Bakeries OT Suit

    Out-of-state delivery drivers can't pursue their wage claims against Bimbo Bakeries in a Vermont federal court, the Second Circuit ruled Monday, finding their claims aren't tied closely enough to the company's activities in the state.

  3. April 13, 2026

    4 Appellate Wage Cases To Keep An Eye On

    Appeals courts are currently looking at a slew of wage and hour issues, including whether Fair Labor Standards Act collectives have defined borders, the survival of "headless" California's Private Attorneys General Act claims and whether delivery drivers fall under two federal exemptions. Here, Law360 explores these wage and hour cases.

  4. February 25, 2026

    2nd Circ. Skeptical Of Expanding Collectives' Borders

    A Second Circuit panel seemed doubtful about allowing workers from a state other than where a Fair Labor Standards Act case arises to join a collective, signaling that it might side with Bimbo Bakeries in a case accusing the company of misclassifying delivery workers as independent contractors.

  5. February 20, 2026

    NY Forecast: 2nd Circ. Hears Bakery's Class Cert Challenge

    This week, the Second Circuit will consider whether a trial court properly approved opt-in notices for potential members of a federal wage and hour collective action who worked outside the state where the suit was brought.