Judge Slashes Kroger Unpaid Overtime Class Action Lawsuit

An unpaid overtime class action lawsuit filed against Kroger Co. by the company’s delivery workers has been dealt a heavy blow, as the presiding California federal judge has ruled the plaintiffs cannot pursue claims of unpaid overtime and other labor violations because they and the proposed Class are unionized.

However, this does not dismiss the Kroger unpaid overtime class action lawsuit as a whole, though it does present a massive obstacle for the Class of Kroger employees.

According to U.S. District Judge William F. Highberger’s December 23 ruling, “Although this doesn’t in the literal sense dispose of the case, it looks like it puts it on a downward slide toward destruction.” This was stated after Judge Highberger also rejected plaintiffs’ claims that delivery worker’s collective bargaining agreement might not be valid in the eyes of the law.

While the unpaid overtime claims were struck from the Kroger class action lawsuit, the judge has left claims of additional unpaid wages and alleged rest period violations intact.

Back in July 2014, the plaintiffs and the putative class of workers filed the unpaid overtime class action lawsuit against Kroger and its Ralph’s Grocery Co., Foods Co, and Food 4 Less units, alleging the company cheated over a thousand drivers, dispatchers, and delivery staff out of wages and overtime by making these employees to work extra hours without full wage compensation.

Plaintiffs claim the stores owned by Kroger, “routinely required plaintiffs to work more than eight hours per day and, in some instances, more than 12 hours per day, and more than 40 hours per workweek and, in some instances, seven days for extended, ongoing time periods,” according to the unpaid overtime class action lawsuit. Plaintiffs goes on to claim Kroger made a practice of rounding time to shave employee wages, refused to provide overtime pay, and routinely denied workers meal breaks and rest periods as required under California Labor Code.

The Kroger Unpaid Overtime Class Action Lawsuit is Case No. BC-551385, in the Superior Court of the State of California, County of Los Angeles.

Federal Labor Standards and California Labor Laws on Unpaid Overtime

The Federal Labor Standards Act (or FLSA) is a set of federal laws that protect employees rights to proper wage and hour compensation. The FLSA and various individual state labor codes also protect workers from overwork, unsafe work environments, and potential exploitation or abuse from employers.

According to the U.S. Department of Labor website, “Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.” California Labor Code goes one step further, mandating that an employee is paid double their hourly wage for every hour worked beyond a 52 hour work week.

In regards to meal and rest breaks, California Labor Laws state:

“No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.”

Kroger  is not the only business facing an unpaid overtime class action lawsuit for alleged labor code violations such as refusing meal and rest breaks, unfair wages, or unpaid overtime violations. Within the last couple years, many California workers have filed unpaid overtime and  wage and hour class action lawsuits against employers who alleged California Labor Code and FLSA violations.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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