HyVee

Grocery Department Managers and Trainees File Suit Against Hy-Vee for Unpaid Overtime

Lear Werts LLP and our co-counsel Stueve Siegel Hanson LLP have filed a lawsuit on behalf of current and former Hy-Vee department managers and department manager trainees who worked at HyVee stores nationwide, challenging the company-wide policy and practice of denying wages and overtime pay to department manager trainees and department managers working in its grocery stores. The case is pending in the Western Division of the Western District of Missouri as Case No. 4:11-cv-00449-DW before the Honorable U.S. District Judge Dean Whipple

Summary of Class Action Lawsuit

The lawsuit alleges that Hy-Vee fails to pay department manager trainees and department managers for all the hours they worked. The lawsuit also alleges HyVee misclassified its department managers as exempt from federal overtime laws. Plaintiff alleges that department managers spend the majority of their time performing tasks such as stocking, cleaning, scheduling, invoicing, inventory, ordering, projections, plan-o-grams, signage, and price-changes - all of which are non-exempt tasks.

According to the Comlaint, Hy-Vee's policies and practices violate the Fair Labor Standards Act (FLSA) and affects employees nationwide. Additionally, the lawsuit claims that Hy-Vee's policies and practices violate the Missouri Minimum Wage Law. On behalf of employees in Missouri, the lawsuit includes a claim for unjust enrichment as Hy-Vee benefited from the unpaid work performed by its department managers and trainee department managers.

The lawsuit seeks nationwide collective action status for all department manager trainees and department managers employed by Hy-Vee who were classified as either exempt from the overtime laws (meaning they were never paid overtime no matter how many hours worked) or salaried, non-exempt (meaning they were paid a set salary, but did receive some overtime pay for hours worked over 40 in a week). The lawsuit also seeks certification of a class of Missouri employees and who worked in stores within the State of Missouri in the last five years.

Relevant Documents

Click here to view the Amended Complaint against Hy-Vee

How to Join This Lawsuit

If you have worked as a HyVee department manager, shift manager, assistant manager, or management trainee, and you would like to join this case or obtain additional information, please go to our Contact Page to describe your situation in a contact request form. The completed form will be sent via email directly to the lawyers at Lear Werts LLP and one of the attorneys will contact you to schedule a free consultation about joining this lawsuit. Otherwise, please contact Michele Hornish or Sander Sowers at 1-877-875-1991, or Ashlea Schwarz at 1-800-714-0360.