A group of Bimbo Bakeries food delivery drivers who said they were wrongly classified as independent contractors instead of employees has survived a motion to dismiss claims against the company under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act.

But in ruling in Scott v. Bimbo Bakeries USA , U.S. District Court Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania dismissed the plaintiffs’ claims under the Pennsylvania Wage Payment and Collection Law and for negligent misrepresentation.