Austin et al v. Kroger Limited Partnership I Mid Atlantic Marketing Area

On January 19, 2023, Donald L. Austin, Jr., Deborah Winston, Sharon Simpson, and Lori Dalton (collectively, “Plaintiffs”), individually and on behalf of themselves and others similarly situated, represented by Rachel Emily Nadas of Handley Farah & Anderson PLLC, filed a labor lawsuit against Kroger Limited Partnership I Mid-Atlantic Marketing Area (“Kroger” or “Defendant”), seeking damages with pre- and post-judgment interest for alleged failure to pay employees legally required wages and overtime premiums in violation of the Fair Labor Standards Act (“FLSA”). This case was filed in the U.S. District Court for the Eastern District of Virginia, with Judge Henry E. Hudson presiding.

In the complaint, the plaintiffs alleged, “In 2022, Defendant Kroger Limited Partnership I Mid-Atlantic Marketing Area (‘Kroger’), which owns and operates the Kroger grocery stores throughout Virginia and West Virginia, implemented a new payroll system called MyTime or MyInfo (collectively referred to as ‘MyTime’). Since the rollout of MyTime, there have been a litany of problems with workers receiving their lawfully owed wages.”

Plaintiffs further alleged, “This has included workers not being paid for hours worked, workers not being compensated at the proper overtime rates pursuant to state and federal law, and workers having unauthorized amounts deducted from their paychecks. These problems have arisen in the midst of the winter holiday season, a notoriously busy time period for Kroger stores during which employees are pressured to work harder and longer hours. Although Kroger is aware of these issues, it has failed to take prompt action to rectify these problems, instead forcing employees to scramble when their proper wages do not arrive. For example, Kroger employees have been forced to work second jobs, or take on high-interest and risky payday loans in order to meet daily expenses.”

The plaintiffs then alleged, “Since the MyTime system was rolled out, and continuing through the present, Plaintiffs and similarly situated hourly, non-exempt employees of Defendant in Virginia and West Virginia have not been regularly receiving their lawfully owed wages.”

The plaintiffs also alleged, “The failure to properly pay Plaintiffs and others similarly situated has occurred and continues to occur in a number of ways, which include but are not limited to: (1) missing or late paychecks; (2) paychecks for amounts less than are owed; and (3) unauthorized and/or incorrect deductions or withholdings.”

Additionally, the plaintiffs alleged that “Defendant has been notified of the failure to properly pay wages to Plaintiffs and others similarly situated repeatedly, and Defendant has acknowledged that the introduction of MyTime has resulted in underpayments to Kroger employees. However, these unlawful pay practices continue. Over the past several weeks, hundreds of workers have reported problems receiving proper payment.”

Plaintiffs presented six claims for relief, including claims for alleged violation of FLSA, the Virginia Wage Payment Law, the Virginia Overtime Wage Act, the Virginia Minimum Wages Act, the West Virginia Wage Payment and Collection Act, and the West Virginia Minimum Wage and Maximum Hours Standards for Employees Act.

In the prayer for relief, the plaintiffs requested a judgment for equitable relief as may be appropriate, including enjoining the defendant from further violations of these laws. Plaintiffs also requested an award of unpaid wages, plus an equal amount as liquidated damages, with prej- and post-judgment interest, 

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.