Judge Certifies Collective Action on Behalf of Fry’s Food’s Assistant Store Managers
Assistant Store Managers at Kroger’s “Fry’s Food & Drug” stores today received conditional certification of a collective action in order to recover unpaid overtime. The judge overseeing the case found there was sufficient evidence to demonstrate that Assistant Store Managers were similarly situated and could proceed with sending notice of the lawsuit to more than 500 other Assistant Store Managers to permit them to join the case. The Assistant Store Managers allege that Kroger violated federal 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 120 Fry’s Food & Drug stores across Arizona. Assistant Store Managers who worked for Fry’s Food between November 16, 2017 and November 16, 2020 will soon receive notice of the lawsuit. A copy of the judge’s decision can be found here.
If you worked as an Assistant Store Manager for Fry’s Food between November 16, 2017 and November 16, 2020 and would like more information about the case, please call Conway Legal at (215) 278-4782.