Kroger Co. is accused of barring overtime-exempt assistant store managers from paying workers overtime during busy times to work as cashiers, stock shelves and other mundane jobs reserved for overtime-eligible employees.
According to the Cincinnati Enquirer, 1,500 assistant store managers in six states are suing in federal court, claiming they are forced to work up to 60 hours a week so the company can avoid paying overtime to other workers who are legally required to work overtime. There is no exemption from required additional hours. To run a shop.
“Although (Kroger) considers its ASMs (assistant store managers) to be ‘managers,’ ASMs are not responsible for actual management functions. In contrast, ASMs spend most of their time performing the same duties as non-exempt employees,” according to the lawsuit, which said typical duties were “helping customers, working the cash register, transferring products, , stocking shelves, setting up and resetting displays, counting inventory, cleaning the store, and otherwise standing by as a cashier, stocker or other hourly employee.
Court documents indicate that Kroger, which has not commented publicly on the case, is in line to settle, the newspaper reported.
