On June 10, 2016, the Honorable Douglas Arpert, United States Magistrate Judge, preliminarily approved a proposed settlement KOL reached with Kmart, Corporation.to settle claims that Kmart has improperly denied its Assistant Store Managers, Hardlines and Assistant Store Managers, Softlines (“ASMs”) overtime pay in violation of the Fair Labor Standards Act (“FLSA”) and applicable state laws. The proposed settlement provides compensation for those ASMs who submitted consents to join the lawsuit as well as ASMs who were actively employed as a Hardlines or Softlines Assistant Store Manager for Kmart in Maryland, New Jersey, New York and/or Ohio for at least one workweek during the following relevant time periods:
• Maryland: July 3, 2010 through June 10, 2016
• New Jersey: July 3, 2011 through June 10, 2016
• New York: March 27, 2009 through June 10, 2016
• Ohio: March 27, 2012 through June 10, 2016
The Court has scheduled a hearing on November 2, 2016 to consider final approval of the proposed settlement.