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Smith’s Food & Drug Sued for Failing to Pay Overtime to Assistant Store Managers

May 25, 2021 | by on General

Together with co-counsel, Conway Legal today filed suit in federal district court in Cincinnati, OH, on behalf of a former “Assistant Store Manager” who was not paid overtime compensation for working more than 40 hours in a workweek.  The lawsuit alleges that Assistant Store Managers in over 140 “Smith’s Food & Drug” stores in 7 states routinely work more than 40 hours a week in order to complete their job duties, yet are denied overtime compensation despite performing work that is substantially similar to those that are entitled to receive overtime.  The lawsuit asserts collective action claims under federal law.  A copy of the legal paperwork that started the lawsuit can be found here.

The lawsuit alleges that Assistant Store Managers spend the majority of their time helping customers, working the cash register, moving products, stocking shelves, setting and resetting displays, counting inventory, cleaning the store, and otherwise standing in as cashiers, stockers, or other hourly workers.  It alleges that Smith’s Food & Drug – together with its parent company, Kroger – has a policy, pattern, and/or practice of misclassifying Assistant Store Managers as exempt from overtime.  It seeks to recover all unpaid overtime owed to Assistant Store Managers who work or have worked for Smith’s Food & Drug between May 25, 2018 and the present.

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

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