Plaintiff’s Complaint alleges that Defendant Smith’s Food & Drug Centers classified Assistant Store Managers (“ASMs”) as overtime-exempt employees, paying them a fixed annual salary regardless of the number of hours they worked in a workweek. Plaintiff Dempsey routinely worked 60 hours in a workweek and has never been compensated overtime pay.
Plaintiff’s lawsuit seeks damages in the form of wages owed for a period of three years immediately preceding the filing of the complaint – August 16, 2021, to the present – including compensation at 1½ times his regular rate of pay for all overtime hours worked, as well as 60 days penalty wages, attorneys’ fees and costs, and interest as provided by law.
If you work or have worked at Smith’s Food & Drug Centers as an ASM at any location in Arizona, Idaho, Montana, New Mexico, Nevada, Utah, or Wyoming between August 16, 2021, and the present, and were/are classified as an overtime-exempt employee, please contact Thierman Buck immediately to discuss your rights.
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