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Lawsuit: Kroger should pay recruiters overtime

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Posted at 3:45 PM, Feb 10, 2016
and last updated 2016-02-10 15:45:05-05

CINCINNATI — The Kroger Co. is facing a lawsuit after three employees accused the grocery chain of not compensating them for overtime.

According to the class action suit, filed Tuesday in U.S. District Court, employees at Kroger’s recruitment call center in Blue Ash “consistently worked over 40 hours a week each week” with no overtime pay.

That’s because, according to the suit, the recruiters working at the call center are treated as exempt from the Fair Labor Standards Act, which controls employee compensation practices such as minimum wage, overtime pay, record keeping and youth employment standards, and the Ohio Fair Minimum Wage Standards Act.

The suit argues that recruiters at the call center should not be considered exempt from FLSA standards, and called the exemption a “willful” misclassification.

The suit identified individuals who have worked or currently work as a recruiter at the call center as eligible for the opt-in class.

The suit is requesting Kroger compensate the plaintiffs and any others who are eligible and opt in “unpaid hourly pay and overtime wages” with interest as well as liquidated damages and attorneys’ fees and costs.

The plaintiffs are seeking a trial by jury in the case.