Federal Magistrate Judge Recommends Granting Conditional Certification of Unpaid Overtime Claims in Multi-State Lawsuit Against King Soopers
A federal magistrate judge today recommended granting conditional certification of a multi-state collective action seeking the recovery of unpaid overtime on behalf of Assistant Store Managers who worked at Kroger’s “King Soopers” and “City Market” stores. The judge found there was sufficient evidence to demonstrate that Assistant Store Managers were similarly situated and should proceed with sending notice of the lawsuit to other Assistant Store Managers to permit them to join the case. The Assistant Store Managers allege that Kroger violated federal and Colorado law by misclassifying them as exempt from overtime compensation. Testimony from several former managers demonstrated that they were required to work more than 40 hours a week and spent the majority of their time on non-exempt tasks such as helping customers, moving freight, stocking shelves, building displays, counting inventory, and cleaning the store. Kroger owns and operates more than 150 King Soopers/City Market stores in Colorado, New Mexico, Utah, and Wyoming. A copy of the magistrate judge’s decision can be found here. Media coverage of the decision can be found here.
If you have worked as an Assistant Store Manager for King Soopers at any time since July 7, 2017 to the present and would like more information about the case, please call Conway Legal at (215) 278-4782.