Colorado-based Natural Grocers, with over 150 stores in 20 states, was sued by a former Assistant Store Manager (ASM), Michael Levine, in a multi-state collective action, claiming he and other ASMs across the company were improperly classified as exempt and were owed overtime under state and federal law.
Natural Grocers was steadfast in its position that all ASMs are properly classified as exempt because they are all managers with leadership and operational responsibilities. And, while the ASMs share the same title, their factual and employment settings were so different that a collective action was not appropriate.
Natural Grocers filed a motion for decertification, producing evidence from thousands of pages of discovery material and deposition testimony to demonstrate dissimilarities between (and inconsistencies within) individual ASMs who opted into the collective action. For the same reasons, Natural Grocers also opposed the plaintiff’s motion to certify a separate Colorado class action under Federal Rule of Civil Procedure 23.
On May 25, 2023, Magistrate Judge Scott Varholak granted Natural Grocers’ Motion to Decertify and denied the plaintiff’s request to certify under Rule 23 based on “the material disparities within and among the opt-in’s discovery responses and deposition testimonies.” A copy of Judge Varholak’s order is available here. Judge Varholak dismissed the 100 opt-in plaintiffs who had joined the collective action, leaving Michael Levine as the sole plaintiff remaining in the lawsuit.
Natural Grocers intends to vigorously defend against any further claims of misclassification. Natural Grocers is represented by Holland & Hart attorneys, Steven M. Gutierrez, Austin Jensen, Mark Gibson, and David Law.