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Former Kroger Employees File Suit Alleging Failure to Pay Overtime

Feb 15, 2016

The Kroger supermarket chain is the subject of a recent class action lawsuit by three former employees who are alleging failures in overtime pay.

Cincinnati-based Kroger supermarket chain is facing a class action lawsuit that claims the company failed to pay its employees appropriate overtime compensation. The three employees who filed the suit used to work for Kroger’s recruiting department at a call center.

The lawsuit alleges that Kroger asked its employees to work more than 40 hours per week, and that the supervisors were aware of the overtime hours employees were regularly putting in. The complaint, which was filed in the U.S. District Court in Cincinnati, claims that although Kroger knew about the overtime work, they failed to appropriately compensate its employees, which would be a violation of the Fair Labor Standards Act (FLSA) and the Ohio Minimum Fair Wage Standards Act.

Kroger declined to comment on the class action lawsuit, but what we do know about the supermarket chain in relation to this case is that it classified these call center workers as exempt from the FLSA and its state counterpart. Employers only have to pay overtime to non-exempt workers – however, the three claimants are saying that they were misclassified as exempt, and deserve compensation for their overtime hours.

Bailey Cowan Heckaman PLLC’s Houston attorneys fight so that employees can get the wages for which they worked. If you believe that you are entitled to overtime pay that you are not getting, we invite you to get in touch with our employment, FLSA, and overtime department today for a free consultation.

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