A former employee has taken legal action against a well-known baking company, alleging violations of labor laws. Bernardo Soto filed a collective and class action complaint in the United States District Court for the Northern District of Illinois on January 9, 2025, against Gonnella Baking Co. The lawsuit claims that the company failed to compensate employees for all hours worked, including time spent on necessary tasks such as donning and doffing protective clothing and equipment.
The complaint details that Soto, who worked as a maintenance mechanic at Gonnella's Aurora, Illinois location from November 2021 until early 2024, is seeking justice not only for himself but also for other similarly situated employees. He accuses Gonnella Baking Co. of violating both the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). According to Soto, employees were required to engage in unpaid work activities integral to their roles due to federal food safety regulations. These activities included wearing sanitary uniforms and protective gear essential for maintaining hygiene standards mandated by the U.S. Food and Drug Administration (FDA).
Soto argues that these preparatory and concluding activities should be considered compensable work time under both federal and state laws. The complaint emphasizes that compliance with Good Manufacturing Practices (GMPs) is critical for preventing food contamination and is an intrinsic part of employees' duties at Gonnella Baking Co. Despite this necessity, Soto alleges that he and his colleagues were not compensated for approximately 20 to 30 minutes of work each day spent on these tasks.
In his filing, Soto seeks conditional certification of the case as an FLSA "collective action" allowing others affected by similar practices to join the lawsuit. Additionally, he requests class-action status under Rule 23 for state law claims related to unpaid wages in Illinois. The relief sought includes actual damages for unpaid wages and overtime compensation, liquidated damages equal to unpaid wages, statutory damages under IMWL, interest on owed amounts, attorneys' fees, costs, disbursements, and any further relief deemed appropriate by the court.
Representing Soto are attorneys Robi J. Baishnab and Hans A. Nilges from Nilges Draher LLC. The case has been assigned Case No. 1:25-cv-00262 in front of an unspecified judge at this time.