Kroger Managers File Overtime Lawsuit

By Kimberly Mirando

Kroger store (LEGAFI) -- Store managers for The Kroger Co. are suing the grocery store chain, claiming the company stiffs them on overtime pay and other wages. The lawsuit is seeking class action status to include all Grocery Managers, Meat Managers and Customer Service Managers currently or formerly employed by Kroger within the last three years.

The lawsuit alleges Kroger store managers were regularly required to work over 40 hours per week, but were not paid overtime and were not compensated for other work they were required to do. Even though the plaintiffs had titles like Grocery Manager, Meat Manager and Customer Service Manager, the managers claim they only performed managerial duties for less than 50 percent of their workweek, and were not given the authority to hire and fire employees. The lawsuit claims that despite their titles, their primary duty was not “management” and that management and managerial discretion was not an integral part of their job duties. In fact, the lawsuit claims the store managers performed non-managerial tasks for 80 percent of their work time while employed at Kroger. This “deliberate failure” to pay store managers for overtime and all hours worked directly violates the Fair Labor Standards Act, according to the lawsuit.

If certified, the class action lawsuit will seek backpay for any unpaid wages, unpaid overtime wages and liquidated damages, in addition to attorneys’ fees in the class action lawsuit settlement. Some of the grocery stores operating under The Kroger Co. are Ralphs, Fry’s, Smith’s and King Soopers.

This is the second time this year Kroger has been hit with an overtime lawsuit. A class action overtime lawsuit was filed against Fred Meyer, Inc., a division of Kroger, in June. The lawsuit alleges Fred Meyer failed to pay overtime compensation to loss-prevention managers at approximately 200 Fred Meyer locations throughout the Pacific Northwest.

A copy of the Kroger store manager overtime class action can be read here.