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December 4, 2012 / Corina Valderrama

Safeway Inc. Sued over Alleged Overtime and Minimum Wages Violations

On October 2, 2012, a former employee of Safeway-store1Safeway Inc. filed a lawsuit against the supermarket chain in California state court alleging overtime, minimum wages, meal period, and rest pClaseriod violations.  The suit is brought on behalf of current and former salaried “First Assistant Managers” or “Second Assistant Managers” employed by Safeway in California at any time since November 2008.

According to the complaint, Safeway misclassified First and Second Assistant Managers as “exempt” managerial employees for purposes of the payment of overtime compensation when, in fact, they were “non-exempt,” non-managerial employees according to California law. This misclassification in turn led to a “uniform policy and systematic scheme of wage abuse” against the First and Second Assistant Managers.

California’s labor laws protect employees by regulating overtime compensation and meal and rest periods.  There are several exemptions to these laws including one for managerial employees who oversee the direction of other employees and regularly exercise discretion and independent judgment over business decisions.

Typically in misclassifications suits such as this one, the injured employees allege that they were improperly classified as “exempt” by their employer to avoid stricter regulations governing non-exempt employees.  Employees argue that their responsibilities are more like those of hourly, non-exempt employees than to those of managerial, exempt employees.

If you feel that you have been the victim of misclassification at your workplace, please contact Khorrami, LLP for a private consultation.

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