MODESTO, Calif. -- A former grocery manager at Save Mart Supermarkets here has filed a lawsuit against the chain, charging that it failed to pay him for overtime work during the past four years.
The suit also charges that Save Mart violated California's labor code by failing to keep records of actual hours worked by each employee and making false representations to employees "so as to conceal their true status as nonexempt employees" -- practices that constitute "unfair competition and provide an unfair advantage over [Save Mart's] competitors."
The action seeks unspecified damages and asks the court to appoint a receiver to manage and distribute any funds held by Save Mart that should have been paid to the plaintiff. The suit also seeks certification as a class action.
Bob Piccinini, chairman, president and chief executive officer of Save Mart, told SN last week, "Under the law, managers can work more than eight hours a day without extra compensation because of the nature of the job. The question in this case is, is he truly a manager or a manager in name only?"
The suit was filed by Pete Garcia, who worked for Save Mart for 12 years as a grocery manager -- a salaried position, according to the suit. In that capacity, he worked for more than eight hours per day and/or 40 hours per week without receiving straight-time or overtime compensation, the suit alleges.
