MACON, GA. — Attorneys for Perdue Foods LLC and Perdue Farms Inc. filed a motion to dismiss a lawsuit brought on by a contract grower at the United States District Court for the Middle District of Georgia.

The lead plaintiff in the case, Roger Parker, alleges in his case that Perdue misclassified growers as independent contractors when working with the company.

Perdue’s lawyers said the complaint from Parker seeks to represent growers outside of Georgia, where the case is currently being heard in court.

The defendants also noted that even with the misclassification of independent contractors, which it denies, Perdue is exempt from overtime pay under the Fair Labor Standards Act (FLSA) in agriculture.

“Plaintiff’s fraud and negligent misrepresentation claims should be dismissed because he failed to plead sufficient facts to plausibly allege such claims,” Perdue said in its dismissal motion.

Parker, now residing in South Carolina, said in his original filing in July that Perdue terminated his contract after a complaint he made to the USDA over “a potential violation by Perdue of the Packers & Stockyards Act (PSA)” regarding wages and benefits.

Other claims by Parker included breach of contract, fraud, negligent misrepresentation, labor law violations, unjust enrichment, and unfair and discriminatory practices.

In his initial complaint, Parker also wanted to seek a nationwide class action suit that involved individuals who worked for Perdue “at any time between July 21, 2016, and the present.”

Poultry producer Amick Farms worked through a similar separate case in April with wages and independent contractors.