This case was last updated from U.S. District Courts on 01/24/2023 at 03:43:56 (UTC).

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

Case Summary

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, 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:23-CV-00048

  • Filing Date:

    01/19/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Labor Standard

Judge Details

Presiding Judge

Henry E. Hudson

 

Party Details

Plaintiffs

Donald Austin

Deborah Winston

Sharon Simpson

Lori Dalton

Defendant

Kroger Limited Partnership I Mid Atlantic Marketing Area

Attorney/Law Firm Details

Plaintiff Attorney

Rachel Emily Nadas

Attorney at Handley Farah & Anderson PLLC

1201 Connecticut Avenue Nw, Washington, Dc

Washington, DC 20036

 

Court Documents

#1

(#1) Complaint ( Filing fee $ 402, receipt number AVAEDC-8760072.), filed by Lori Dalton, Donald Austin, Sharon Simpson, Deborah Winston. (Attachments: #1 Civil Cover Sheet)(Nadas, Rachel) (Main Document 1 replaced on 1/19/2023) (jsmi, ). (Entered: 01/19/2023)

1 #1

Civil Cover Sheet

#2

(#2) Proposed Summons by Donald Austin, Lori Dalton, Sharon Simpson, Deborah Winston. (Nadas, Rachel) (Entered: 01/19/2023)

#3

(#3) Summons Issued as to Kroger Limited Partnership I Mid Atlantic Marketing Area. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jsmi, ) (Entered: 01/19/2023)

 

Docket Entries

  • 01/19/2023
  • View Court Documents
  • Docket(#3) Summons Issued as to Kroger Limited Partnership I Mid Atlantic Marketing Area. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jsmi, ) (Entered: 01/19/2023)

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  • 01/19/2023
  • DocketInitial Case Assignment to District Judge Henry E. Hudson. (jsmi, ) (Entered: 01/19/2023)

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  • 01/19/2023
  • View Court Documents
  • Docket(#2) Proposed Summons by Donald Austin, Lori Dalton, Sharon Simpson, Deborah Winston. (Nadas, Rachel) (Entered: 01/19/2023)

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  • 01/19/2023
  • View Court Documents
  • Docket(#1) Complaint ( Filing fee $ 402, receipt number AVAEDC-8760072.), filed by Lori Dalton, Donald Austin, Sharon Simpson, Deborah Winston. (Attachments: #1 Civil Cover Sheet)(Nadas, Rachel) (Main Document 1 replaced on 1/19/2023) (jsmi, ). (Entered: 01/19/2023)

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