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Current and former employees of Roundy’s Supermarkets, also known as Mariano’s, may be able to recoup unpaid overtime as part of a class action settlement or judgment.
Individuals who worked as meat managers or bakery managers and were paid a salary between April 14, 2017, and the present and worked over 40 hours a week during that time may be able to make a claim.
A former bakery manager and meat manager filed a class action lawsuit against Roundy’s Supermarkets alleging the company cheated them and others out of overtime pay.
The complaint alleged the plaintiff and others were deemed “managers,” but they were not given additional duties compared with other employees who were entitled to additional pay when they worked more than 40 hours a week.
Specifically, the plaintiffs claimed their tasks did not go beyond waiting on baking and food preparations, cleaning, preparing orders and waiting on customers. They did not engage in managerial roles, according to the complaint.
The class action lawsuit alleged that, by failing to assign bakery and meat managers additional duties beyond hourly employees, Roundy’s Supermarkets violated federal labor laws.
Indeed, under the Fair Labor Standards Act (FLSA), hourly or “non-exempt” employees are entitled to additional pay for hours they work over 40 in a week. Salaried or “exempt” employees are not entitled to the extra pay for overtime; however, under the law, exempt employees must be involved in “hiring, firing, disciplining, directing the work of other employees, or exercising meaningful independent judgment and discretion.”
In addition to failing to pay overtime to bakery managers and meat managers, the class action lawsuit alleged Roundy’s violated record keeping requirements under the Family and Medical Leave Act of 1993 (FMLA).
In November, a federal judge conditionally certified the Class proposed by the plaintiffs, along with their proposed notice plan. Under the order, Class Members may be notified by mail, email or text message.
Roundy’s Supermarkets refuses to admit any wrongdoing and says it will continue to defend itself against the class action lawsuit.
According to court documents, Class Members who make a claim will be able to take part in any verdict issued by a jury if the class action lawsuit goes to trial or in any settlement.
Joining the class action lawsuit as a Class Member will not affect employment, notes the settlement notice.
To join the class action lawsuit, Class Members must submit a Consent to Join Form online or by mail or fax by Feb. 16, 2021. The online form requires a claim ID number and password available on the settlement notice sent to each Class Member.
Who’s Eligible
Individuals who worked at Roundy’s Supermarkets as meat managers or bakery managers and were paid a salary between April 14, 2017, and the present and worked over 40 hours a week during that time.
Potential Award
To be determined.
- Individuals who join the class action lawsuit will take part in any jury verdict or settlement agreement.
Proof of Purchase
The online Consent to Join form requires an ID number and password available on the settlement notice.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
02/16/2021
Case Name
Case No. 1:20-cv-02317-MMR in the U.S. District Court for the Northern District of Illinois
Final Hearing
TBD
Settlement Website
Claims Administrator
DePyper v. Roundy’s Supermarkets Inc.
Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
DePyperMarianoslawsuit@cptgroup.com
1-(888) 373-2581
Class Counsel
HEAD LAW FIRM, LLC
KLAFTER OLSEN & LESSER LLP
Defense Counsel
Christopher S. Griesmeyer
GREIMAN, ROME & GRIESMEYER LLC
David K. Montgomery
Jamie M. Goetz-Anderson
Mark B. Gerano
JACKSON LEWIS PC
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