REDNER’S MANAGER OVERTIME COLLECTIVE ACTION LAWSUIT

Chuss v. Redner’s Markets, Inc

Case 5:24-cv-04249-JMG

If you are or were employed by Defendant Redner’s Markets, Inc. (“Defendant”) in any salary-paid Deli Manager, Meat Manager, and/or Produce Manager position (collectively “Department Managers” or “DMs”) at any time from August 15, 2021 to the present date, a collective action lawsuit that may affect you.

Lawsuit Regarding Claims For Unpaid Overtime Due to Alleged Misclassification as Exempt

Plaintiff Anthony Chuss filed a lawsuit claiming that Defendant improperly classified him and all other salary-paid DMs as exempt from the overtime pay requirements of the federal Fair Labor Standards Act (“FLSA”), resulting in the alleged failure to properly compensate them for all of the overtime compensation they should have received. The FLSA claims in this lawsuit seek payment of unpaid wages, and an additional amount for liquidated damages, for any former and current employees of Defendant who were not properly paid for all of the work they performed as salary-paid DMs. Defendant generally denies that the DMs were misclassified as exempt and denies that it violated the FLSA. As a result, Plaintiff claims he, and all other DMs, are entitled to overtime pay for hours worked as salary-paid DMs over 40 in any workweek during the relevant period August 15, 2021 to August 15, 2024.

The United States District Court in the Eastern District of Pennsylvania has authorized distribution of notice to current and former salary-paid DMs who worked for Defendant between August 15, 2021 and the present. The Court has not decided whether Defendant or the Named Plaintiff is correct. By authorizing the notice, the Court is not suggesting that the Named Plaintiff will win or lose the case.

If you have been identified from Defendant’s records as a person potentially eligible to join this lawsuit, you have the following legal right and options in this lawsuit.

I. Why Did I Get A Notice and What Is the Lawsuit About?
Records show that you currently or previously worked for Defendant as a salary-paid DM. The Court has authorized distribution of this notice regarding a collective action lawsuit that may affect you. You have legal rights and options that you may exercise in this case. The lawsuit is titled Chuss v. Redner’s Markets, Inc., Case 5:24-cv-04249-JMG, and is filed in United States District Court in the Eastern District of Pennsylvania.

In this lawsuit, the Named Plaintiff claims that Defendant failed to pay him and other similarly situated salary-paid DMs the overtime pay required by law because Defendant misclassified them as exempt from overtime. Specifically, the lawsuit alleges that Defendant cannot carry its burden of proving that they were exempt from overtime laws because their primary duties did not involve sufficiently substantial managerial discretion in matters of significance and did not differ substantially from those performed by hourly associates, including, among others, tasks such as manual labor, grocery sales and customer service duties. As a result, Plaintiff claims he, and all other DMs, are entitled to overtime pay for hours worked as salary-paid DMs over 40 in any workweek during the relevant period August 15, 2021 to the present.

II. What is a collective action, and who is involved?
In a collective action lawsuit, one or more people sue on behalf of other people who have similar claims. The Named Plaintiff who sued – and all those who return the Consent Form – are called the Plaintiffs. One Court resolves the issues for everyone who joins the case.

The Named Plaintiff who filed this lawsuit alleges there is a group of “similarly situated” current and former salary-paid DMs who worked for Defendant.

III. What is Defendant’s position, and has the Court decided who is right?
Defendant denies any wrongdoing or liability and vigorously contests all claims that have been asserted. Defendant asserts that DMs were always paid in compliance with the FLSA.

The Court has not decided whether Defendant or the Named Plaintiff is correct. By authorizing this notice, the Court is not suggesting that the Named Plaintiff will win or lose the case.

IV. What is the Named Plaintiff asking for?
The Named Plaintiff is seeking to recover any alleged unpaid overtime wages, or, in other words, back pay in the amount of time-and-a-half the DM’s regular rate for all hours worked over 40 in a workweek during the relevant period, for all DMs who join the case. The Named Plaintiff also seeks an additional amount of “liquidated damages” in an amount equal to the unpaid wages, as well as recovery of costs and attorney’s fees.

V. Can I join the lawsuit?
If you receive Notice, you have been identified from Defendant’s records as eligible to join this lawsuit. Current and former DMs who worked for Defendant paid by salary from August 15, 2021 to the present are eligible to join.

You are allowed to join this case even if you signed an agreement with Redner’s that says you are not allowed to join this case or any collective action, or that says you have to file your claims individually in arbitration. The Court will decide at a later date whether, and to what extent, any agreement you signed affects your participation in the case. If you have any questions as to whether anything you signed, statements you made, or information you gave will affect your potential claims in this lawsuit or your legal right to join this lawsuit, you may obtain legal advice confidentially and without charge by contacting Plaintiff’s attorneys as listed below, or other legal counsel of your choosing retained at your own expense

VI. What happens if I join the lawsuit?
If you choose to join this lawsuit and are ultimately determined by the Court to be an opt-in plaintiff, you will be bound by any ruling, settlement or judgment, whether favorable or unfavorable, on the claims asserted. You will also be bound by, and will share in, to the extent appropriate, any settlement of the claims that may be reached on behalf of the Collective. By joining this lawsuit, you designate the Named Plaintiff as your representative, and to the fullest extent possible, to make decisions on your behalf concerning the case, the method and manner of conducting the case, the entering into an agreement with Plaintiff’s counsel regarding payment of attorney’s fees and court costs, the approval of settlements, and all other matters pertaining to this lawsuit. If you join the case, while it is proceeding you might be required to provide information or otherwise participate in the action.

VII. No Retaliation Permitted
Federal law prohibits Defendant from firing or in any other manner discriminating or retaliating against you because you have joined this lawsuit.

VIII. What happens if I do nothing at all?
If you choose not to join this lawsuit, you will not be directly affected by any ruling, judgment or settlement rendered on the federal claim asserted in this case, whether favorable or unfavorable. You should be aware that FLSA claims are limited to a two- or three-year statute of limitations, and delay in joining this case, or proceeding separately, may result in some or all of your claims expiring as a matter of law.

IX. How do I ask to be included in this case?
If you want to participate in this lawsuit, it is extremely important that you read, sign, and promptly return the Consent To Join form. There are several ways to return it:

1. You may electronically sign and submit it directly online HERE, by October 6, 2025;
2. You can fax it to the below fax number or email it to the below email address by October 6, 2025; or,
3. You can mail the Consent To Join form, so that it is postmarked by October 6, 2025 to the following:

Chuss v. Redner’s Markets
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Fax: 1-215-827-5551
Email: info@rg2claims.com
Phone: 866-742-4955

Should you lose or misplace your Consent To Join form, please contact RG/2 Claims at 1-866-742-4955. If you have questions, you may contact the Plaintiff’s lawyers listed below.

The signed Consent To Join form must be received by the Notice Administrator or postmarked by October 6, 2025. If your signed Consent To Join form is not received by the Notice Administrator or postmarked by October 6, 2025, you may be prohibited from participating in this case.

X. Do I have a lawyer in this case, and how will the lawyers be paid?
If you join this lawsuit you will be represented by the Plaintiff’s lawyers listed below:

C. Andrew Head
Bethany A. Hilbert
HEAD LAW FIRM, LLC
4422 N. Ravenswood Ave.
Chicago, IL 60640
Tel: (312) 690-7765
bhilbert@headlawfirm.com
ahead@headlawfirm.com
https://headlawfirm.com

Sarah R. Schalman-Bergen
Krysten Connon
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Tel: (617) 994-5800
ssb@llrlaw.com
kconnon@llrlaw.com
https://llrlaw.com

Plaintiff’s counsel has taken this case on a contingency fee basis. If you choose to be represented by Plaintiff’s counsel, they will only be paid if there is a monetary recovery through a settlement, judgment, or award in your favor. You will not have to pay any costs or attorneys’ fees out of your own pocket. The details are fully outlined in a separate fee agreement between Plaintiff and Plaintiff’s attorneys. The Court will ultimately determine the reasonableness of any fees awarded to the attorneys.

XI. Should I get my own lawyer?
You have the right to retain your own attorney, at your own expense, but you are not required to do so. If you choose to join in this lawsuit and do not retain your own attorney, you will be represented by the Plaintiff’s attorneys listed above.

XII. Are more details available?
If you have any questions or require additional information, please contact any of the Plaintiff’s attorneys listed above.

XIII. Please keep your address current.
To assist Plaintiff’s attorneys in maintaining accurate lists of opt-in plaintiffs, you are requested to send notice of any changes in your address to the Plaintiff’s attorneys listed above. If the Notice was forwarded to you by the postal service, or if it was otherwise sent to you at an address that is not current, you should immediately contact the Plaintiff’s attorneys listed above and provide them with your current address. If your attorneys do not have your current address, you may not receive notice of important developments in this case.

THE NOTICE AND ITS CONTENT HAVE BEEN AUTHORIZED BY THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THE COURT HAS MADE NO DECISION ABOUT THE MERITS OF PLAINTIFF’S CLAIMS OR DEFENDANTS’ DEFENSES. PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK’S OFFICE WITH QUESTIONS ABOUT THIS LAWSUIT.