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). 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. Information specific to each lawsuit is outlined below.
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. The judge recently approved the parties plan for the next stage of the case, which will primarily focus on “discovery” (a process in which the parties obtain documents and information from each other). This process will take several months, at which time the parties will present various motions to the judge to decide.
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. Again, this case is in the discovery phase – which will take several months to complete – but once done the parties will present various motions to the judge to decide.
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. The judge recently approved the parties plan for the next stage of the case – again, this primarily focuses on discovery. This process will last several months, at which time the parties will present various motions to the judge to decide, including our request to certify a class of Assistant Store Managers who worked in Colorado.
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. The judge has stayed the case pending the outcome of an unrelated appeal.
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. This case is also in the discovery phase.
Smith’s Food & Drug
In October 2021, we asked the judge for permission to send a notice to other Assistant Store Managers who worked for Kroger/Smith’s to let them know about the case and to give them a chance to join. Kroger/Smith’s opposed our request. In response, the judge has stayed the case pending the outcome of an unrelated appeal.