Misclassified grocerty store department managers recover unpaid overtime

Misclassified grocerty store department managers recover unpaid overtime

Lear Werts was co-lead counsel in a collective action seeking unpaid overtime compensation for a class of grocery store department managers. The class members were paid a set salary for all the hours they worked. However, the class claimed that the work performed by the assistant managers was neither sufficiently administrative nor managerial to qualify the employees as exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”).

After obtaining conditional certification for the collective class, and defeating the grocery company’s motion for summary judgment, the case settled to the satisfaction of all parties.