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This page was updated in April 2005:
Status of the case:
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On November 21, 2000, a class action was filed against K. V. Mart Company on
behalf of Produce Managers, Meat Managers, Grocery Managers, Service Deli
Managers, and Key Carriers/Assistant Managers for wage and hour violations,
including the failure to pay overtime. The primary issue raised by the
action was that these categories of K. V. Mart Company employees were not
properly treated as exempt from the protections of California wage and hour
laws, and that as non-exempt employees, they were entitled to be compensated for
overtime hours worked in accordance with California law.
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As of January 31, 2001, K. V. Mart Company revised its policy of paying its
managers on a salary basis and began paying them on an hourly basis. On
March 9, 2001, class counsel and counsel for K. V. Mart Company met with the
mediator. After a 13-hour mediation session, the parties reached agreement
on a settlement of the case.
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It is not uncommon for a wage and hour class action for overtime compensation to
take years to get to trial or to resolve by mediation. In this case, all
of the parties worked very hard to resolve the issues early and fairly. On
November 19, 2001, the Court preliminarily approved the settlement agreement.
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The Fairness Hearing was held on January 7, 2002. No
objections to the settlement were filed. Final approval of the settlement
was entered by the Court and all settlement payments to the Class
Members were made.
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