wFry's Food & Drug Stores Sued for Failing to Pay Overtime to Assistant Managers - Conway Legal, LLC Skip to Content

Fry’s Food & Drug Stores Sued for Failing to Pay Overtime to Assistant Managers

November 12, 2019 | by on General

Together with co-counsel, Conway Legal is pursuing claims in federal district court in Cincinnati, OH, on behalf of a former “Assistant Manager” who was not paid overtime compensation for working more than 40 hours in a workweek.  The lawsuit alleges that Assistant Managers in over 120 “Fry’s Food & Drug” grocery stores in Arizona routinely work more than 40 hours a week in order to perform their job duties, yet are denied overtime compensation despite performing work that is substantially similar to those that are entitled to receive overtime.  A copy of the legal paperwork that started the lawsuit can be found here.

The lawsuit alleges that Assistant Managers spent the majority of their time performing the same duties as hourly employees, including serving customers, ringing customers up on the cash register, stocking shelves, unloading trucks, moving merchandise, counting inventory, and cleaning the store.  It alleges that The Kroger Company and its subsidiary Smith’s Food and Drug Centers – as owners and operators of Fry’s Food & Drug stores – have a policy, pattern, and/or practice of misclassifying Assistant Managers as exempt from overtime.  It seeks to recover all unpaid overtime owed to Assistant Managers who worked for Fry’s Food & Drug between November 12, 2016 and the present.

If you are a current or former Assistant Manager at Fry’s Food & Drug and would like more information about the lawsuit, please call Conway Legal at (215) 278-4782.

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