VYE v. HANNAFORD BROS CO LLC

CourtDistrict Court, D. Maine
DecidedSeptember 15, 2025
Docket2:24-cv-00339
StatusUnknown

This text of VYE v. HANNAFORD BROS CO LLC (VYE v. HANNAFORD BROS CO LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
VYE v. HANNAFORD BROS CO LLC, (D. Me. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

TASHA VYE, ) Individually and on Behalf of All ) Other Persons Similarly Situated, ) ) Plaintiff, ) ) v. ) Docket No. 2:24-cv-00339-NT ) HANNAFORD BROS. CO., LLC, ) ) Defendant. )

ORDER ON PLAINTIFFS’ MOTION FOR NOTICE AND CONDITIONAL CERTIFICATION Plaintiff Tasha Vye was a bakery manager at grocery stores operated by Defendant Hannaford Bros. Co., LLC (“Hannaford”). She filed a collective and class action complaint alleging that Hannaford violated the Fair Labor Standards Act (“FLSA”) and Maine law by misclassifying Hannaford department managers as exempt from overtime compensation and failing to pay them the overtime pay they were due. Before me is the motion for notice and to conditionally certify a FLSA collective (ECF No. 24) filed by Plaintiff Vye and Opt-In Plaintiffs Michael Scott, DestinyLynn Sortino, Ruth Iverson, Shelly Ann Corriveau, and Jordan Cole (collectively, the “Plaintiffs”). Hannaford opposes the request. For the following reasons, I GRANT the motion for conditional certification and RESERVE RULING on the motion for notice. BACKGROUND On October 2, 2024, Plaintiff Tasha Vye filed a complaint in this Court, alleging violations of the FLSA.1 Collective and Class Action Compl. (“Compl.”) (ECF

No. 1). Vye worked as a Bakery Manager in the Hannaford supermarket in Lewiston, Maine from April 2021 to September 2022. Compl. ¶ 9. She claims that she and other current and former salaried Hannaford employees with department manager titles were entitled to—but not paid—overtime wages when they worked more than forty hours a week. Compl. ¶ 1. Since Vye filed the complaint, ten people (including Vye) have filed written consents to join the FLSA action as party plaintiffs. See Consents to Join Collective Action Under the Fair Labor Standards Act, 29 U.S.C. § 216(b)

(ECF Nos. 1-1, 7-1, 8-1, 17-1, 18-1, 52-1). On December 31, 2024, the Plaintiffs filed their motion requesting that I conditionally certify a collective of salary-paid Hannaford department managers and that I approve notice to the collective informing them of their right to join the lawsuit. Pls.’ Mot. for Notice and Conditional Certification (“Pls.’ Mot.”) 1 (ECF No. 24). Hannaford opposes the motion, arguing that conditional certification is not appropriate in this case. Def.’s Opp’n to Pls.’ Mot.

for Conditional Certification (“Def.’s Opp’n”) 1–2 (ECF No. 27).

1 Vye also brings claims under Maine wage and overtime laws, 26 M.R.S. §§ 621-A, 664, 670, on behalf of herself and other department and assistant department managers as part of a class action. Collective and Class Action Compl. ¶¶ 48–65, 79–88 (ECF No. 1). All that is before me now, however, is the motion to conditionally certify a collective for the FLSA claim. DISCUSSION I. FLSA Conditional Certification A. Legal Standard The FLSA requires employers to pay employees overtime wages—at least one- and-a-half times the regular rate—for any hours worked beyond a forty-hour

workweek. 29 U.S.C. § 207(a)(1). Employees who believe their employer violated the FLSA overtime provisions may sue to recover unpaid overtime compensation. 29 U.S.C. § 216(b). The FLSA allows employees to maintain the lawsuit as a collective action on behalf of themselves “and other employees similarly situated.” Id. To proceed as a FLSA collective action, employees must affirmatively “opt in” by filing written consents. Id. (“No employee shall be a party plaintiff . . . unless he

gives his consent in writing . . . and such consent is filed in the court in which such action is brought.”). In addition, the court must certify that opt-in plaintiffs are actually “similarly situated” as § 216(b) requires. Prescott v. Prudential Ins. Co., 729 F. Supp. 2d 357, 364 (D. Me. 2010). District courts in the First Circuit employ a two-step approach to certification. “The first stage determines whether notice should be given to potential collective action members and usually occurs early in a case, before substantial discovery, based

only on the pleadings and any affidavits which have been submitted.” Id. (citation and quotations omitted). The burden at the first stage belongs to the plaintiff, who “must make a ‘modest factual showing’ that [s]he and others, with similar—but not necessarily identical—jobs suffered from a common unlawful policy or plan.” Giguere v. Port Res., Inc., 2:16-cv-58-NT, 2016 WL 6996133, at *3 (D. Me. Nov. 30, 2016) (quoting Prescott, 729 F. Supp. 2d at 364). If the plaintiff makes this showing, the court authorizes the plaintiff to send out a notice inviting similarly situated employees to join the collective action as opt-in plaintiffs. Curtis v. Scholarship

Storage Inc., No. 2:14-cv-303-NT, 2015 WL 1241365, at *1 (D. Me. Mar. 18, 2015). The first stage “typically results in conditional certification of a collective action” because the standard is considered “not particularly stringent, fairly lenient, flexible, not heavy, and less stringent than that for joinder . . . or for separate trials . . . .” Levecque v. Argo Mktg. Grp., Inc., No. 2:14-cv-00218-JAW, 2015 WL 3672647, at *7– 9 (D. Me. June 12, 2015) (quoting Prescott, 729 F. Supp. 2d at 364) (quotations

omitted). The second stage occurs later, after discovery, if the employer “move[s] to decertify the collective action.” Prescott, 729 F. Supp. 2d at 364. Then the court must “make a factual determination as to whether there are similarly-situated employees who have opted in.” Id. (citation omitted). Relevant factors include “factual and employment settings of the individual plaintiffs, the different defenses to which the plaintiffs may be subject on an individual basis, and the degree of fairness and

procedural impact of certifying the action as a collective action.” Id. at 364–65 (citations, brackets, and quotations omitted). The motion before me—which seeks conditional certification of a proposed collective action—involves only the first stage of this analysis. B. Whether the Hannaford Employees Are “Similarly Situated” 1. The Plaintiffs’ Factual Showing The Plaintiffs request that I conditionally certify the following FLSA collective: All current and former salary-paid department managers in Defendant’s stores, including Bakery (or Bakery Sales) Managers, Deli (or Deli Sales) Managers, Deli/Bakery (or Deli/Seafood, or Deli/Seafood Sales, or Deli/Bakery Sales) Managers, Produce (or Produce Sales) Managers, Meat Market (or Meat Market Sales) Managers, Meat/Seafood (or Meat Market/Seafood, or Meat Market/Seafood Sales) Managers, Customer Service Managers, Center Store Managers, plus current and former salary-paid Assistant-titled or Trainee-titled employees working those same departments (collectively, “Department Managers” or “DMs”), from three years prior to the date the Court approves conditional certification until the date on which Hannaford reclassified these positions as non-exempt, but excluding (i) the “Evening Operations Managers” and “Associate Relations Managers,” and (ii) any DMs whose claims were released as Massachusetts class action settlement participants listed in Exhibit A to the Settlement Agreement approved by the Court in in Prinzo v. Hannaford Bros. Co., LLC, 21-cv-11901- WGY (D. Mass.) who were not paid as salaried exempt at any time after October 28, 2023 for working an exempt-paid DM position (the “Collective”). Pls.’ Mot. 2.

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Related

Prescott v. Prudential Insurance
729 F. Supp. 2d 357 (D. Maine, 2010)
Su v. F.W. Webb Company
110 F.4th 391 (First Circuit, 2024)

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Bluebook (online)
VYE v. HANNAFORD BROS CO LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vye-v-hannaford-bros-co-llc-med-2025.