A major victory for grocery store workers in Illinois has been sealed, as Mariano’s OT $3.3M Suit concludes with a federal judge approving a substantial settlement.
U.S. District Judge Matthew Kennelly signed off Tuesday on a $3.3 million deal resolving claims by current and former Mariano’s meat, bakery, and deli managers who alleged they were misclassified as exempt from overtime pay. The approval came after a brief remote hearing, avoiding a trial that had been slated for March.
Allegations of Misclassification
Under the Fair Labor Standards Act (FLSA), employees performing true managerial duties can be exempt from overtime pay. But plaintiffs David DePyper, a meat manager from 2014 to 2019, and Kate Milashus, a bakery manager from 2018 to 2019, argued in their April 2020 lawsuit that their day-to-day responsibilities were largely manual labor rather than managerial.
The lawsuit contended that the managers did not engage in hiring, firing, disciplining, or directing staff, and company policies allegedly prevented them from recording all hours worked. The plaintiffs claimed Mariano’s misclassification denied them the overtime pay they were legally owed.
