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 referred to as 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 assert claims under federal law (and, in the case of the King Soopers/City Market lawsuit, Colorado law).
We are pleased to report that, after considerable litigation and subsequent negotiations, the parties have reached a settlement. The judge overseeing the case will shortly be asked to review the parties’ settlement agreement. We expect to hear more in the coming weeks. Assuming the judge approves the settlement, you will receive a settlement notice – with a check representing your share – in the mail. If you have joined one ore more of the lawsuits, we appreciate your patience. If you have moved or need to update your contact information, please reach out to us at info@conwaylegalpa.com.
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.