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

Click Here to Join Lawsuit

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

Plaintiffs’ Complaint alleges that Hy-Vee’s policies and practices violate the federal law governing overtime pay called the Fair Labor Standards Act (FLSA). Specifically, it alleges that Hy-Vee fails to pay salaried non-exempt employees (employees paid a salary, but who received some overtime pay for hours worked over 40 in a week) for all the hours they worked.  This is sometimes called the “fluctuating workweek” method.  This case alleges that Hy-Vee misapplied the “fluctuating workweek” and thereby underpaid its workers.

Under the “fluctuating workweek,” an employee is paid a salary for all hours worked up to 40 in a workweek, and then they are paid a half-time hourly rate for any hours worked over 40 in a workweek. This lawsuit alleges that Hy-Vee did not properly follow the regulations governing the “fluctuating workweek” and did not properly explain to its employees how they were to be paid.

In addition, the case alleges that Hy-Vee does not accurately record all of the hours worked by its salaried, non-exempt employees.  The lawsuit alleges that employees were told to record 45 hours of work in a week regardless of how many they actually worked.  Therefore, according to the complaint, Hy-Vee’s employees are working “off the clock.”  If the allegations are correct, this would be another violation of the FLSA. The case seeks to have Hy-Vee employees paid at the traditional time-and-a-half rate for hours worked over 40 in a workweek, instead of at the half-time rate.

The Court has certified this case as an FLSA collective action (similar to a class action) on behalf of all salaried, non-exempt department managers who worked for Hy-Vee at any time in the past three years. The Court permitted us, as Plaintiffs’ Counsel, to send out a Notice of Collective Action Lawsuit to each eligible employee. The Notice provides details on the case, explains who is eligible, and explains how an employee can join. In order to join the case, an employee must submit a Consent to Join form. This form was mailed out with the Notice and can either be returned in the mail or it can also be submitted online.

The Court authorized that you have the right to be informed about this case and a right to decide whether to participate. The Court also affirmed that Hy-Vee cannot retaliate against you in any way for participating in this case to recover unpaid wages. This means Hy-Vee cannot take any adverse employment action against you, including terminating your employment or demoting you, based on your decision to join this case.

Relevant Documents

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 hyveefairpay.com.  Alternatively, you can complete the contact form above and describe your situation.  The completed form will be emailed 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 Sander Sowers at 1-877-875-1991, or Ashlea Schwarz at 1-800-714-0360.