Berger & Montague, P.C. is investigating potential class
action lawsuits on behalf of supermarket managers who did not
receive accurate overtime pay.
supermarket managers who work more than 40 hours per week have not
been receiving proper overtime wages for one of two reasons:
- They are on a fluctuating workweek schedule
- They've been misclassified as exempt employees under the Fair
Labor Standards Act (FLSA).
a fluctuating workweek schedule?
Under federal law, some workers can be paid on a fluctuating
workweek schedule, meaning they are paid the same amount of money
each week, regardless of how many hours they work. People who work
on a fluctuating workweek schedule are only entitled to 0.5x their
hourly wage for any overtime they work. There are strict
requirements for who qualifies to be paid on a fluctuating workweek
schedule, and some supermarkets are improperly paying their
managers on this schedule to avoid paying correct overtime
an exempt employee?
According to the FLSA, a federal law that establishes minimum
wage, overtime pay eligibility, recordkeeping, and child labor
standards, most employees are entitled to overtime pay at a rate of
1.5x their hourly wage. However, there are "exemptions," or
employees who do not qualify for paid overtime. Some supermarkets
have misclassified their managers as exempt employees, when in
reality they are non-exempt employees under the FLSA and do qualify
for overtime wages.
If you are a current or former supermarket manager who worked
overtime and only received paid half-time or no overtime wages,
contact Berger & Montague. You may be able to file a class
supermarket manager overtime wage settlements
Numerous supermarket manager overtime wage class and collective
action lawsuits have settled over the last few years.
- Kroger: In May 2011, Kroger Limited
Partnership I agreed to pay an undisclosed amount to settle a
collective action brought by supermarket managers who accused the
grocery store chain of violating federal law by misclassifying them
as exempt from the FLSA's overtime pay requirements.
- Publix: In February 2015, Publix
Super Markets Inc. agreed to pay $30 million to settle a collective
action alleging the grocery chain failed to pay the required amount
of overtime to managers based on a fluctuating workweek calculation
- Fresh Market: In May 2016, Fresh
Market agreed to pay $5 million to settle a FLSA collective action
accusing the grocery chain of paying its managers half-time for
overtime hours instead of time-and-a-half.
have to pay to consult with an attorney?
We are happy to talk with you about your potential claims free
of charge. If we decide to represent you in a lawsuit, we will
enter into a written contingent fee agreement with you. A
contingent fee agreement means we only get paid if we win, and that
we will receive our fees from the amount paid by the Defendant in
Please contact us to discuss the details of your case. You
- Use the contact form on this page ("Inquire About Your
- Email email@example.com
- Call (800) 424-6690
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