|

Festival Foods Manager Overtime Settlement, Check If You Qualify — Dyer v. Skogen’s Foodliner, No. 3:25-cv-00322

If you worked a salary-paid department manager job at a Wisconsin Festival Foods store any time since May 28, 2022 — yes, you’re likely covered. Festival Foods has agreed to pay $7,500,000 to settle claims it denied overtime to managers who spent their shifts stocking shelves and ringing up customers, not managing anyone. The deal still needs a judge’s sign-off. That means there’s no claim deadline yet — but there will be.

Festival Foods Overtime Settlement — Key Facts

FieldDetail
Settlement Amount$7,500,000
Claim DeadlineUNVERIFIED — court has not yet granted preliminary approval; no deadline exists yet
Who QualifiesSalary-paid department managers/supervisors below Store Director, Wisconsin Festival Foods stores, since May 28, 2022
Estimated PayoutUNVERIFIED — per-person amounts haven’t been calculated or published
Proof Required (Yes/No)UNVERIFIED — claims process not yet established
Settlement StatusReached in principle; final agreement signed Aug. 7, 2026; awaiting court approval
Court & Case NumberU.S. District Court for the Western District of Wisconsin, No. 3:25-cv-00322 (25-cv-322-jdp)
Law AllegedFair Labor Standards Act, 29 U.S.C. § 207(a), and Wisconsin wage and hour law
AdministratorUNVERIFIED — not yet named
Official Claim SiteUNVERIFIED — not yet live
Last UpdatedSeptember 3, 2026

Who Is Festival Foods and Why Are They Being Sued for Overtime Pay?

Festival Foods is legally known as Skogen’s Foodliner, Inc., and it runs more than 40 grocery stores across Wisconsin. The company put department managers — in bakery, deli, meat, produce, and similar departments — on salary and treated them as “exempt” from overtime laws. Three former managers said that title didn’t match the job: they were doing the same manual labor and customer service as the hourly workers they supposedly supervised.

What Did Festival Foods Do to Its Department Managers Between 2022 and 2025?

Jeremy Dyer, Steven Wetzel, and James Ju worked as a Deli Kitchen Manager, a Meat Manager, and a Bakery Manager for Festival Foods. In April 2025, they sued in the U.S. District Court for the Western District of Wisconsin, claiming the company misclassified them under the Fair Labor Standards Act — the federal law that requires time-and-a-half pay for hours worked past 40 in a week, unless a job genuinely involves real management authority.

Federal law only lets an employer skip overtime pay if a manager’s main job is actually directing other employees or making real business decisions. The plaintiffs said their real job was stocking shelves, slicing meat, and helping customers — work that looked a lot like the hourly staff around them. As the judge overseeing the case put itPlaintiffs theory is that they are not really managers.

Fifteen current and former department managers backed that up with sworn statements describing a rigid corporate hierarchy where managers spent most of their time on manual labor, not supervision. Festival Foods disputed that characterization but didn’t dispute the underlying facts much — it argued the job descriptions on paper made the positions exempt. That’s a legal fight about paperwork versus what actually happened on the floor, and it’s the same fight that has hit grocery chains like Kroger, Publix, and Fresh Market in years past.

That’s the whole case in one line: if your job title said “manager” but your day looked like everyone else’s on the sales floor, this settlement was built for you.

Festival Foods Manager Overtime Settlement, Check If You Qualify — Dyer v. Skogen's Foodliner, No. 3:25-cv-00322

Who Qualifies for the Festival Foods Overtime Settlement?

Here’s exactly how to know if this case includes you.

  • Current and former salary-paid department managers, assistant managers, or manager trainees at any Wisconsin Festival Foods store
  • Anyone who worked below the Store Director/Assistant Store Director level in departments like Bakery, Deli, Meat, Produce, Grocery, Frozen/Dairy, Guest Services, or Wine & Spirits
  • People who worked those roles at any point from May 28, 2022 through the case’s final resolution
  • Managers who signed a separation agreement with Festival Foods when they left — a Feb. 2026 court order noted at least 48 of roughly 730 department managers had done so, and their eligibility may be handled differently

You likely don’t qualify if you worked as a Store Director, Assistant Store Director, or in an HR-titled role — those positions were excluded from the case from the start.

Festival Foods Managers Outside Wisconsin — Are You Still Covered?

No. This case and settlement cover Wisconsin store locations only. If you managed a department at a Festival Foods store outside Wisconsin, this settlement doesn’t apply to you, though a similar claim under federal law could still be worth asking an attorney about.

Not sure if you qualify for the Festival Foods overtime settlement? A free consultation with an employment discrimination attorney can help you sort out your specific dates and role before any deadline gets set.

How Much Can Festival Foods Overtime Settlement Class Members Get?

This is the part that isn’t locked in yet. Festival Foods and the plaintiffs agreed to a $7,500,000 fund, and Law360 reported the deal is expected to cover roughly 1,000 current and former employees — but the court hasn’t decided how that money gets divided.

Once a judge grants preliminary approval, expect the usual pattern in wage cases like this: a pro-rata formula based on how many weeks you worked as a department manager, minus attorneys’ fees and any service awards to Dyer, Wetzel, and Ju for taking on the case. More weeks worked generally means a bigger share; more people filing claims generally means smaller individual checks. Payments over $600 may show up on a 1099 — check with a tax professional when the time comes.

Honestly, until the court sets the actual formula, any number you see floating around is a guess. Don’t trust a site that gives you a specific dollar figure for this one yet.

What Should Festival Foods Department Managers Do Right Now?

  1. Save your pay stubs, schedules, and any HR emails about your job duties now, while you still have them
  2. Note your exact dates and departments worked as a Festival Foods manager
  3. If you already got a notice about the FLSA collective action mailed, emailed, or texted to you earlier this year, save it — it’s a separate step from the settlement claims process to come
  4. Watch for a settlement notice by mail or email once the court grants preliminary approval
  5. Don’t sign anything from Festival Foods releasing your claims without talking to a lawyer first
  6. Check back here — this article will be updated the moment a claims deadline and administrator are confirmed

Frequently Asked Questions, No. 3:25-cv-00322

Is the Festival Foods overtime settlement legitimate? 

Yes. It comes from a real federal lawsuit — Dyer v. Skogen’s Foodliner, Inc. — in the Western District of Wisconsin, and the $7.5 million figure was confirmed through a preliminary approval motion filed with the court.

Do I need a lawyer to file a Festival Foods overtime settlement claim?

 Not to file a basic claim once the process opens. But if you’re unsure whether your dates or job title qualify, a free consultation with an employment attorney costs you nothing.

When will Festival Foods settlement payments be sent?

 UNVERIFIED — no payment timeline exists until the court grants preliminary approval and sets a schedule.

What if I missed the earlier FLSA collective action notice sent in early 2026? 

You may still be covered by the settlement even if you didn’t opt in earlier. The settlement is expected to cover a broader group, roughly 1,000 people, than the collective that received notice.

Will my Festival Foods settlement payment go on a 1099?

 Possibly. Payments over $600 tied to lost wages are often reported on a 1099. Talk to a tax professional once you know your payout.

What specific law does Festival Foods allegedly violate? 

The Fair Labor Standards Act, 29 U.S.C. § 207(a), plus Wisconsin’s state wage and hour law, which the court has treated as functionally similar to the federal standard in this case.

How much could Festival Foods department managers get if this settles?

 Impossible to say precisely right now. It depends on how many people file claims and how the court divides the $7.5 million pro rata by weeks worked.

What does it mean that the settlement still needs court approval?

 A judge has to review the deal, sign off on it as fair, and set a claims process before anyone can file or get paid. That’s standard for class and collective settlements — it protects the people in the class, but it also means this one isn’t final yet.

Sources Used in This Festival Foods Overtime Article

  • Court Opinion and Order (Feb. 11, 2026) — Dyer v. Skogen’s Foodliner, Inc., No. 3:25-cv-00322-jdp, U.S. District Court for the Western District of Wisconsin: https://www.govinfo.gov/content/pkg/USCOURTS-wiwd-3_25-cv-00322/pdf/USCOURTS-wiwd-3_25-cv-00322-0.pdf
  • Law360 — “Wis. Grocery Chain Settles Manager OT Suit For $7.5M,” Aug. 24, 2026: https://www.law360.com/classaction/articles/2516838
  • Head Law Firm, LLC — Active Case Page, Festival Foods Salary-Paid Department Managers: https://headlawfirm.com/active-class-collective-actions/festival-foods-salary-paid-department-managers/

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the court’s Feb. 11, 2026 opinion and order and Law360’s Aug. 24, 2026 report on Sept. 3, 2026. Last Updated: September 3, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.

About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.

Leave a Reply

Your email address will not be published. Required fields are marked *