STATUS UPDATE – July 21, 2025 – Settlement notices and checks were mailed to all participating Assistant Store Managers/Leaders via USPS (regular mail) on July 18, 2025. For security and privacy reasons, neither we nor the settlement administrator can confirm individual settlement payments over the phone or via email. Please allow a few days for your settlement notice and check to arrive. If you have moved please have a forwarding address on file with the USPS. We thank all participating Assistant Store Managers/Leaders for their participation and commitment to the litigation. Historical information regarding the litigation can be found below.
This page provides up-to-date information and links to important documents regarding the 6 lawsuits filed against Kroger for failure to pay overtime compensation to Assistant Store Managers who work at the company’s “Fred Meyer,” “Fry’s Food & Drug,” “King Soopers/City Market,” “Kroger,” “Pick ‘n Save,” and “Smith’s Food & Drug” stores across the United States. The lawsuits allege that Assistant Store Managers – now called Assistant Store Leaders – routinely work more than 40 hours a week in order to perform their job duties but are improperly denied overtime compensation, even though they perform the same job duties as their hourly-paid colleagues. The lawsuits primarily assert claims under federal law.
Following extensive litigation and subsequent negotiations facilitated by an independent mediator, the parties have reached a comprehensive settlement.
Copies of the legal paperwork describing the claims can be found below:
Each of the lawsuits allege 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. They allege that Kroger has a policy, pattern, and/or practice of misclassifying Assistant Store Managers as exempt from overtime. The lawsuits seek to recover all unpaid overtime owed to Assistant Store Managers who work or have worked for Kroger during the last several years. As detailed below, approximately 1,500 Assistant Store Managers have joined one or more of the lawsuits.
Fry’s Food & Drug
On November 6, 2020, the judge overseeing the case granted Plaintiff’s request to conditionally certify his federal claim and, in response to receiving notice of the lawsuit, approximately 150 current and former Assistant Store Managers joined (or “opted-in” to) the case.
Fred Meyer
The parties agreed that notice could be sent to other Assistant Store Managers to advise them of the lawsuit and to permit them a chance to join. In response, more than 130 current and former employees opted-in to the case.
King Soopers/City Market
On November 6, 2020, the judge overseeing the case granted Plaintiff’s request to conditionally certify his federal claim and, in response to receiving notice of the lawsuit, approximately 150 current and former Assistant Store Managers opted-in the case.
Kroger
The parties agreed that notice could be sent to other Assistant Store Managers to advise them of the lawsuit and to permit them a chance to join. In response, nearly 900 current and former employees opted-in to the case.
Pick ‘n Save
The parties agreed that notice could be sent to other Assistant Store Managers to advise them of the lawsuit and to permit them a chance to join. In response, nearly 100 current and former employees opted-in to the case.