What is the case about?

On March 11, 2025, Plaintiffs Byrd and Cook (former Kitchen Manager and Catering Chef employees) filed a federal lawsuit as a potential class/collective action in the U.S. District Court for the Northern District of Ohio on behalf of himself and a potential class and collective of all other grocery department managers paid as if ineligible for overtime compensation. The case alleges that Buehler’s Fresh Foods violated federal and Ohio overtime pay laws by requiring them and other salary-paid grocery department managers to work in excess of 40 hours per workweek while denying them and other similarly situated grocery department managers overtime compensation allegedly required by law. Specifically, the case alleges that Buehler’s treats those positions as “exempt” from the applicable overtime laws, despite requiring those grocery department manager positions to perform grocery store sales and customer services as their primary duties in a manner that does not meet the requirements for denying overtime pay; because even job titles having the word “manager” in them, and even those paid by salary, can be owed overtime if the employer cannot carry its burden of proving that the position was “exempt” from overtime pay laws. Plaintiffs believe that they and other salary-paid grocery department managers are entitled to recover unpaid wages including unpaid overtime back pay, an additional amount of liquidated damages equal to the amount of back pay owed, and any other amounts allowed by law.

The lawsuit’s allegations, which Plaintiffs will have to prove at a trial, seek recovery on behalf of all department managers who worked for Buehler’s in one of those salary-paid positions at any time within the last three years, and potentially a longer period, dependent on potential court rulings in the future. Defendant Buehler’s has not yet filed its Answer, but it can be reasonably assumed that its Answer will deny that it is liable for any unpaid overtime to Plaintiffs or others similarly situated.

What do I have to do if I decide I want to join the case?

Anyone who worked as a salary-paid department manager for Buehler’s, paid as if ineligible to receive overtime compensation for working more than 40 hours in a week, is eligible to join the case by submitting a signed Consent form to Plaintiff’s attorneys. The court will decide whether to certify the case as a class and/or collective action, and will decide continued eligibility to remain in the case.

You may electronically sign and submit a Consent form directly online by clicking HERE. You may also print out the form, sign it, and mail it to Plaintiffs’ attorneys at Head Law Firm, LLC, 4422 N Ravenswood Ave, Chicago, IL 60640.

You are not required to be represented by Plaintiffs’ attorneys to opt-in to the lawsuit. You may retain the attorney of your choice to represent you, under whatever terms of engagement you negotiate with the other attorney.

It is important to sign and return the Consent form as quickly as possible because the time period for your potentially recoverable back wages will depend on when this form is filed with the Court.

Will this cost me anything if I join the case by submitting a Consent?

You will not pay anything to join this case if you submit a Consent to be represented by Plaintiff’s attorneys, who are handling this case on a contingency fee basis. That means Plaintiffs’ attorneys will only be paid if they win the case and recover money on your behalf by settlement or judgment. Plaintiffs’ attorneys are advancing all costs and expenses of litigation for those they represent, the repayment of which may be contingent on the outcome of the case. Under applicable law, if Plaintiffs prevail in this case, Plaintiffs will seek to have Defendant pay an amount for Plaintiffs’ attorney’s fees and advanced litigation costs and expenses in addition to the amounts allegedly owed to Plaintiffs, and Plaintiffs’ attorneys will be paid from the recovery amount. If Plaintiffs’ attorneys do not succeed in obtaining a recovery on your behalf in this case, you will not owe Plaintiffs’ attorneys anything, and you will not owe Defendant any of its attorney’s or expert fees.

Can I be fired for joining or participating as a witness?

The law prohibits employers, or their agents, from firing, harassing, discriminating, or retaliating against an individual for taking part in a case for overtime back wages.

For further information, please feel free to reach out to C. Andrew Head, the lead attorney on the case, at 404-924-4151 x101. You may read the filed Complaint by clicking HERE.