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 settlement. A settlement agreement has been signed. We are working to expedite the settlement process in order to distribute settlement payments as quickly as possible.
STATUS UPDATE – October 2024 – The judge overseeing the case is aware the parties have reached a settlement. The cases have been stayed (or paused) by the judge. We are working through the settlement process. We expect to share more information in the coming weeks. Once the settlement is final, all eligible Assistant Store Managers/Leaders will receive a settlement notice – with a check representing their share – in the mail. If you have joined one ore more of the lawsuits, we appreciate your patience as we work through the settlement process. 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.