Migliaccio & Rathod LLP is investigating whether Kroger failed to compensate employees for short-term military leave while providing paid leave for comparable civilian absences, potentially violating federal law.
Certain Kroger collective-bargaining agreements covering employees in South Carolina expressly provide unpaid leave for required National Guard or military Reserve annual training.
For example, agreements covering Kroger employees in the Aiken and Columbia/Myrtle Beach areas allow employees to take unpaid leave for required military training.
However, those same agreements provide paid leave for certain other absences. Eligible full-time employees may receive regular wages during jury duty, while eligible employees may receive up to three days of paid funeral leave following the death of certain family members.
This means a Kroger employee who misses scheduled work for jury duty may receive wages, while an employee who misses work for required military training may receive no compensation.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers generally must provide employees taking military leave with the same benefits available during comparable nonmilitary absences.
Migliaccio & Rathod is investigating whether Kroger employees, particularly those covered by the identified South Carolina agreements, were improperly denied military leave compensation.
Employees May Have Experienced:
- Unpaid leave for National Guard or Reserve annual training;
- Lost wages during required military drills;
- Having to use vacation or PTO to avoid losing income;
- Reduced paychecks because of military service obligations; or
- Different treatment of military leave compared with paid jury-duty or funeral leave.
Potential Claims May Include:
- Violations of USERRA;
- Failure to provide comparable paid military leave benefits;
- Improper denial of military leave compensation; or
- Recovery of wages and benefits allegedly owed.
Signs You May Be Affected:
- You currently work or previously worked for Kroger;
- You worked at a Kroger location in South Carolina or another location with similar leave policies;
- You served in the National Guard or military Reserves;
- You missed scheduled work for annual training, drills, or other short-term military service;
- You were not paid for those absences; or
- You used vacation or PTO to avoid losing wages while fulfilling military obligations.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.