Food Lion Assistant Store Managers Owed Unpaid Overtime, Lawsuit Claims

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Food Lion, LLC is the defendant in a proposed collective action filed in Tennessee over claims that the grocery store chain underpays assistant store managers (ASMs).

The suit argues that Food Lion maintains an unlawful policy by which it classifies assistant store managers as “executives” exempt from state and federal overtime requirements. Despite this classification, the plaintiff says she and other ASMs spent “the majority of their time” performing the same duties as non-exempt hourly employees, which consisted of non-managerial tasks such as unloading trucks, stocking shelves, building displays, cleaning, and operating cash registers. Unlike non-exempt employees, however, ASMs did not receive premium overtime pay when they worked more than 40 hours per week, the case alleges.

The plaintiff, who was employed as an ASM at two different Food Lion locations, often worked between 50 and 55 hours per week but never received proper time-and-a-half overtime pay for the hours over 40 due to the defendant’s alleged misclassification of the woman’s position.