Vye v. Hannaford Bros. Co., LLC
Case 5:24-cv-04249-JMG
Civil Action No. 2:24-cv-00339-NT
NOTICE OF COLLECTIVE ACTION LAWSUIT
If you are or were employed by Defendant Hannaford Bros. Co., LLC (“Defendant”) in any salary-paid department manager-titled positions below the level of Store Manager and Assistant Store Manager (but excluding the “Evening Operations Manager” or “Associate Relations Manager” positions) in Defendant’s stores, including but not limited to Bakery (or Bakery Sales) Managers, Deli (or Deli Sales) Managers, Deli/Bakery (or Deli/Seafood, or Deli/Seafood Sales, or Deli/Bakery Sales) Managers, Produce (or Produce Sales) Managers, Meat Market (or Meat Market Sales) Managers, Meat/Seafood (or Meat Market/Seafood, or Meat Market/Seafood Sales) Managers, Customer Service Managers, Center Store Managers, or salary-paid Assistant-titled or Trainee-titled employees working those same departments (collectively “Department Managers” or “DMs”), at any time from September 15, 2022 until the October 6, 2024 date on which Defendant reclassified these positions as hourly-paid non-exempt, please read this Notice.
Re: Lawsuit Regarding Claims For Alleged Unpaid Overtime Due to Alleged Misclassification
Plaintiff Tasha Vye filed a lawsuit claiming that Defendant improperly classified her and all other DMs as exempt from the overtime pay requirements of the FLSA, resulting in failure to properly compensate them for all of the overtime compensation they should have received. The lawsuit seeks 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 it violated the FLSA.
The Court has authorized mailing of notice to current and former DMs who worked for Defendant between September 15, 2022 and the October 6, 2024 date on which Defendant reclassified these positions as hourly-paid non-exempt.
You have been identified as a person potentially eligible to join this lawsuit.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
| ASK TO BE INCLUDED |
If you choose to be included in this case, you have the possibility of getting money or benefits from a trial or a settlement of the federal wage and hour claim, and you give up any rights to separately sue Defendant about the same claim in this lawsuit as long as you are joined in this case. If you wish to be included, you must complete the Consent to Join form and submit it no later than December 9, 2025, to RG/2 Claims Administration. You may sign and submit the Consent To Join Form in the following ways:
|
| DO NOTHING | If you choose not to join this lawsuit, you will not be affected by any judgment or settlement rendered in this lawsuit, whether favorable or unfavorable to the opt-in plaintiffs. If you do not join, the statute of limitations on your FLSA claim will continue to run and you may lose some or all of your rights if you do not file your own claim. |
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 DM. The Court has authorized mailing 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 Tasha Vye, et al v. Hannaford Bros. Co., LLC, Case No. 2:24-cv-00339-NT, and is filed in federal court in the District of Maine.
In this lawsuit, the Named Plaintiff claims that Defendant failed to pay her and other similarly situated DMs the overtime pay required by law because, prior to October 6, 2024, Defendant misclassified them as managers exempt from overtime. Specifically, the lawsuit alleges that their primary duties did not involve substantial managerial discretion 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 they, and all other DMs, are entitled to overtime pay for hours worked as DMs over 40 in any workweek during the relevant period.
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 attached 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 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. The Named Plaintiff also seeks “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?
You have been identified as potentially eligible to join this lawsuit. Current and former DMs who worked for Defendant from September 15, 2022 through the October 6, 2024 date on which Defendant reclassified DM positions to hourly-paid non-exempt are eligible to join.
For DMs who worked in Massachusetts: Even if you were a participant in the settlement of the Massachusetts class action claims in a prior, concluded District of Massachusetts case that was styled Prinzo v. Hannaford Bros. Co., LLC, No. 1:21-cv-11901-WGY (D. Mass.), you are still eligible to join this case if you worked any weeks as an exempt-paid DM paid by salary after October 28, 2023 until the October 6, 2024 date on which Defendant reclassified DMs to hourly-paid non-exempt.
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.
VII. No Retaliation Permitted
Federal law prohibits Defendant or any of its agents from firing or in any other manner discriminating 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 Fair Labor Standards Act 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:
Vye v. Hannaford
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 December 9, 2025. If your signed Consent To Join form is not received by the Notice Administrator or postmarked by December 9, 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
Email: bhilbert@headlawfirm.com
Email: ahead@headlawfirm.com
https://headlawfirm.com
Seth A. Lesser
Christopher Timmel
KLAFTER LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Email: seth@klafterlesser.com
Email: christopher.timmel@klafterlesser.com
https://klafterlesser.com
The Named Plaintiff has entered into a contingency fee agreement with Plaintiff’s counsel, which means that if the Named Plaintiff does not win, there will be no attorney’s fee chargeable to her or anyone who joins the lawsuit. Under the fee agreement, in the event there is a recovery, Plaintiff’s counsel will receive a percentage of any settlement obtained or money judgment entered in favor of all opt-in plaintiffs. Alternatively, the Court may be asked to determine the amount of fees. The fees may be part of a settlement obtained or money judgment entered in favor of Plaintiffs, or may be ordered by the Court to be separately paid by Defendant, or may be a combination of the two. A copy of the contingency fee agreement executed by the Named Plaintiff may be obtained upon request from Plaintiff’s attorneys identified above.
XI. Should I get my own lawyer?
If you choose to opt-in to the lawsuit by timely returning a signed Consent to Join form, you do not need to hire your own lawyer because Plaintiff’s attorneys will be working on your behalf. But if you want your own lawyer, you may have to pay that lawyer and will have to file your own separate lawsuit.
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 the Court and 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.
PLEASE DO NOT CONTACT THE COURT CLERK REGARDING THIS MATTER.