HY-VEE – Salary-paid Department Managers

 

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Active Cases

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HY-VEE

Unpaid Overtime: Salary-paid Department Managers (Bakery, Hot Foods, Meat, Produce, etc.)

What is the case about?

On June 23, 2026, Plaintiff (who worked as a salaried Bakery Manager for Hy-Vee paid as if ineligible for overtime premium wages under the law) filed a federal lawsuit as a potential class/collective action in the U.S. District Court for the Southern District of Iowa on behalf of herself and a potential class and collective of all other salary-paid grocery department managers paid as if ineligible for overtime premium pay. The case alleges that Hy-Vee violated federal, Illinois, and other state overtime wage laws by requiring salary-paid grocery store department managers to work in excess of 40 hours per workweek while denying them overtime compensation premium pay for those overtime hours allegedly required by law. Specifically, the case alleges that Hy-Vee treats and pays 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 laws’ 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 met the legal requirements to be “exempt” from overtime pay laws. Plaintiff alleges that she 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 federal law, in addition to other monetary damages and amounts required by Illinois and other states’ wage laws.

The lawsuit’s allegations, which Plaintiff will have to prove at a trial, seek recovery on behalf of all department managers who worked over 40 hours in one or more weeks for Hy-Vee in any of those salaried “exempt”-paid positions at any time within the last three years, dependent on potential court rulings in the future. Defendant Hy-Vee 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 Plaintiff 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 Hy-Vee, paid within the last three years 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 Plaintiff’s attorneys at Head Law Firm, LLC, 4422 N Ravenswood Ave, Chicago, IL 60640.

If you sign and submit the Consent form, you will be represented by Plaintiff’s attorneys.

If you decide to join the case, 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. The statute of limitations continues to reduce that potential recovery period until an individual’s Consent is filed in the case.

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 Plaintiff’s attorneys will only be paid if they prevail in the case by recovering money on your behalf by settlement or judgment. Plaintiff’s 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 Plaintiff and those joined to the case prevail on their claims, Plaintiff will seek to have Defendant pay an amount for Plaintiff’s attorney’s fees and advanced litigation costs and expenses in addition to the amounts allegedly owed to Plaintiff and those joined in the case, and Plaintiff’s attorneys will be paid from the recovery amount. If Plaintiff’s attorneys do not succeed in obtaining a recovery on your behalf in this case, you will not owe Plaintiff’s attorneys anything, and you will not owe Defendant any of its attorney’s fees 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 at 312-690-4699 or 404-924-4151 x101. You may read the filed Complaint by clicking HERE.

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