Safeway (Salaried Assistant Store Managers)

Case Overview

Brown, LLC has filed a class and collective action against Albertsons Companies, Inc. and Safeway Inc. alleging that Safeway Assistant Store Managers were misclassified as exempt from overtime even though their primary duties consisted largely of routine store-floor work performed by hourly employees. The lawsuit alleges violations of the Fair Labor Standards Act (FLSA), the District of Columbia Minimum Wage Revision Act (DCMWRA), and the District of Columbia Wage Payment and Collection Law (DCWPCL).

Important Disclaimer

Filing a lawsuit does not mean that Defendants have been found liable. The allegations described below remain unproven while the case proceeds through the legal system.

About the Defendants

The complaint alleges that Albertsons Companies, Inc. is a national food and drug retail company operating stores under numerous banners, including Safeway. Safeway Inc. allegedly operates grocery stores throughout the District of Columbia and other states.

According to the complaint, Defendants organize their Safeway operations through geographically based operating divisions. Their Mid-Atlantic Division, headquartered in Malvern, Pennsylvania, allegedly oversees Safeway stores in the region, including stores in the District of Columbia, Maryland, Virginia, and Delaware.

The lawsuit alleges that Albertsons and Safeway jointly participated in material aspects of Assistant Store Managers’ employment, including compensation practices, job duties, exemption classifications, staffing expectations, operational standards, and employment administration.

Claims in the Lawsuit

Federal Overtime Claims

The lawsuit alleges that Defendants classified Safeway Assistant Store Managers within the Mid-Atlantic Division as salaried employees exempt from overtime and paid them a fixed salary regardless of how many hours they worked.

According to the complaint, however, Assistant Store Managers’ actual primary duties did not qualify them for an applicable overtime exemption. The complaint alleges that Plaintiff Shayla Sturgis spent the majority of a typical workday performing routine manual and store-floor duties similar to those performed by hourly employees, including:

• Stocking merchandise and shelves;
• Breaking down pallets and stocking frozen products;
• Operating cash registers and providing cashier coverage;
• Fulfilling Drive Up & Go pickup orders;
• Cleaning store areas;
• Packaging bakery and deli items;
• Covering understaffed departments; and
• Performing other routine store-floor work wherever additional labor was needed.

Although Plaintiff held the title of Assistant Store Manager, the lawsuit alleges that she did not make final personnel decisions, lacked authority to hire or terminate employees, did not create employee schedules or approve vacation requests, and was required to elevate significant personnel decisions to the Store Manager. Her recommendations concerning hiring, firing, discipline, promotion, and similar employment decisions allegedly were not given particular weight.

The complaint alleges that these duties and restrictions were representative of the Assistant Store Manager position throughout Safeway’s Mid-Atlantic Division.

Alleged Unpaid Overtime

The lawsuit alleges that Assistant Store Managers regularly worked more than forty hours in a workweek while receiving no overtime premium.

Plaintiff alleges that she regularly worked at least approximately forty-five hours per week and worked more than fifty hours during multiple workweeks. The alleged overtime included remaining at the store after scheduled shifts, reporting to work on scheduled days off at management’s request, and working six-day weeks for inventory.

The complaint identifies the week of May 17 through May 23, 2026 as one example. Defendants’ scheduling system allegedly scheduled Plaintiff for approximately forty-six hours, but she received no overtime premium. The complaint further alleges that Plaintiff’s wage statements routinely reported only forty hours even when Defendants’ scheduling records reflected more than forty scheduled hours.

According to the lawsuit, Defendants knew or should have known of this overtime through their scheduling systems, store-level supervision, communications directing additional work, payroll records, and the work performed for their benefit.

The lawsuit alleges that the same salary and overtime-exemption practices applied to other Safeway Assistant Store Managers within the Mid-Atlantic Division.

District of Columbia Wage Claims

For Assistant Store Managers who worked at Safeway stores in the District of Columbia, the lawsuit also asserts claims under the District of Columbia Minimum Wage Revision Act and the District of Columbia Wage Payment and Collection Law.

The complaint alleges that Defendants violated D.C. law by classifying Assistant Store Managers as exempt and failing to pay required overtime compensation for hours worked over forty in a workweek.

The lawsuit seeks unpaid overtime compensation and other relief available under federal and District of Columbia law, including liquidated damages, statutory relief, interest, attorneys’ fees, and costs.

Workers Covered

Position: Safeway Assistant Store Managers who were paid on a salary basis and classified as exempt from overtime.

The lawsuit alleges that Assistant Store Managers throughout Defendants’ Mid-Atlantic Division were subject to common job expectations, compensation practices, exemption classifications, and operational standards.

The complaint estimates that the Mid-Atlantic Division operates approximately 111 Safeway stores, with individual stores employing approximately one to three Assistant Store Managers depending on store size.

Locations Covered

Federal FLSA claims: Assistant Store Managers employed at Safeway stores within Defendants’ Mid-Atlantic Division. The complaint identifies Mid-Atlantic Safeway operations in the District of Columbia, Maryland, Virginia, and Delaware.

District of Columbia claims: Assistant Store Managers employed at Safeway stores in the District of Columbia. The complaint alleges that Safeway currently operates approximately eleven stores in the District of Columbia.

Time Period Covered

Federal FLSA collective: Assistant Store Managers who were paid a salary and classified as exempt from overtime at any time from August 25, 2023 through the date of judgment.

District of Columbia class: Assistant Store Managers who worked at Safeway stores in the District of Columbia, were paid on a salary basis, and were classified as exempt from overtime at any time from August 25, 2023 through the date of judgment.

Former employees may still be eligible if they worked in a covered position during the applicable period. For federal claims, the amount of time for which an individual worker may ultimately recover wages can depend on when that worker joins the lawsuit and whether the alleged FLSA violations are determined to have been willful. The complaint alleges that Defendants’ FLSA violations were willful.

Named Plaintiff

Shayla Sturgis worked as an Assistant Store Manager at Safeway Store 2808, located at 3830 Georgia Avenue NW, Washington, D.C., from approximately October 26, 2025 through August 4, 2026.

The complaint alleges that Plaintiff received an annual salary of approximately $71,500, regularly worked more than forty hours per week, and received no overtime premium.

Plaintiff also alleges that she occasionally was assigned to assist at other Safeway stores in the Washington, D.C. area and observed Assistant Store Managers at multiple stores spending substantial portions of their shifts performing routine store-floor work, including stocking shelves.

Case Status

August 25, 2026: The lawsuit was filed in the United States District Court for the Eastern District of Pennsylvania.

Case: Sturgis v. Albertsons Companies, Inc. et al., Civil Action No. 2:26-cv-06285.

The case is in its early stages. No court has determined that Albertsons Companies, Inc. or Safeway Inc. violated the law.

How to Participate

Current or former Safeway Assistant Store Managers who worked within the Mid-Atlantic Division during the covered period, were paid a salary, were classified as exempt from overtime, and regularly worked more than forty hours per week without overtime compensation may contact Brown, LLC so that its wage-and-hour lawyers can assess their potential eligibility. Participation in the FLSA collective generally requires an eligible worker to affirmatively join the lawsuit by filing a written consent with the Court.

Frequently Asked Questions

What Employment Practice Does the Lawsuit Challenge?

The lawsuit challenges Defendants’ alleged practice of classifying Safeway Assistant Store Managers as exempt salaried employees and therefore not paying them overtime when they worked more than forty hours in a workweek.

Why Does the Lawsuit Allege Assistant Store Managers Were Entitled to Overtime?

The complaint alleges that, despite their managerial titles, Assistant Store Managers primarily performed routine store-floor work similar to work performed by hourly employees and lacked significant authority over hiring, firing, scheduling, discipline, and other consequential personnel decisions. The lawsuit therefore alleges that their actual duties did not satisfy an applicable exemption from federal and District of Columbia overtime requirements.

What Types of Work Are Relevant to the Lawsuit?

The complaint describes Assistant Store Managers performing tasks such as stocking merchandise, breaking down pallets, operating registers, fulfilling pickup orders, cleaning, packaging bakery and deli items, covering understaffed departments, and performing other routine store-floor duties. The lawsuit concerns all hours worked over forty, rather than merely a particular category of pre-shift or post-shift work.

Do I Have to Be Currently Employed by Safeway?

No. The proposed collective and class include both current and former Assistant Store Managers who worked in covered locations during the applicable periods.

What Documents Could Be Relevant?

Potentially relevant records may include paystubs, work schedules, payroll records, text messages or emails concerning additional shifts or days off, personnel documents, job descriptions, and other records showing the duties Assistant Store Managers actually performed or the hours they worked.

Can Safeway or Albertsons Retaliate Against Someone for Participating?

Federal and District of Columbia wage laws generally prohibit retaliation against workers for asserting protected wage rights or participating in a wage-and-hour lawsuit.

Has the Court Decided That Safeway or Albertsons Violated the Law?

No. The complaint contains allegations only. No finding of liability has been made against either Defendant.

Contact Information

Brown, LLC – Wage and Hour Lawyers

Phone: (877) 561-0000

Email: flsagroup@jtblawgroup.com