Ex-call center workers sue Kroger

Kroger is being sued by three former call center workers that charge the supermarket giant with illegally classifying them as exempt employees ineligible for overtime.

All three former workers, Joseph Hardesty, Derek Chipman and Madeline Hickey, were employed as recruiters at Kroger's call center in Blue Ash for five to seven months last year, according to a lawsuit filed on Monday in U.S. District Court in Cincinnati.

Their duties were to call and screen job applicants around the country, by asking three questions about applicants' interest in the company, their highest employment or academic achievements and how to show friendly service. Applicants who answered the questions well enough were assigned in-store job interviews, but call center workers never made hiring decisions.

The lawsuit claims call center employees were required to show up 30 minutes before their shifts, return early from lunch breaks and work up to one hour after a day's calling. As a result, the workers put in 45 to 50 hours a week, but were paid no overtime.

The lawsuit accuses Kroger of violating federal fair labor standards and Ohio's wage and labor laws. The suit also is seeking class-action status for other workers in the plaintiff's situation, back pay for the workers and attorney fees and interest.

Kroger officials declined to comment on the suit.