Unlike most of the retailers on this site, Kroger doesn’t have one overtime policy. It has dozens. Kroger’s workforce is heavily unionized under the UFCW (United Food and Commercial Workers), and each local’s collective bargaining agreement (CBA) can set its own overtime triggers, premium rates, Sunday differentials, and holiday rules. Federal law sets the floor. Your CBA can raise that floor. Non-union associates at Kroger Corporate, logistics facilities, or in certain banner divisions live under a different set of rules entirely.
What that means in practice: two Kroger associates working the same 46-hour week in different states, or even different stores in the same state, can end up with different paychecks. Both are legal. You need to know which version applies to you.
The two tracks at a glance
| Area | Union associate (typical UFCW CBA) | Non-union associate |
| Baseline overtime | Federal 1.5x after 40 hours/week | Federal 1.5x after 40 hours/week |
| Daily overtime | Often written into CBA (e.g., after 8 hrs/day) | Only if state law requires it |
| Sunday premium | Common (1.5x or flat-rate premium) | Usually none unless state mandates |
| Holiday pay | Premium rates for worked holidays, often 1.5x or 2x | Often straight time or a small premium |
| Sixth/seventh day worked | Often overtime or premium under CBA | No extra, unless state law applies |
| Scheduling rights | CBA protects shift posting and call-in rules | At-will; manager discretion |
| Dispute process | Grievance procedure through union steward | Internal HR/ethics line |
This table describes typical patterns. Your actual CBA may be different. Always read your local’s contract for the exact language. The union steward in your store has a copy, and many locals post contracts online.
What federal law guarantees everyone
Regardless of union status, every non-exempt Kroger hourly associate is covered by the Fair Labor Standards Act. That means:
- Overtime at 1.5x your regular rate for hours worked over 40 in a workweek
- Regular rate includes base pay, shift differentials, and non-discretionary bonuses earned that week
- Your workweek is a fixed seven-day period (Kroger typically uses Sunday through Saturday, though it varies by division)
If your CBA gives you more than this, the CBA wins. If it gives you less, federal law overrides. You cannot contract away federal overtime rights, and no CBA will try to.
How union CBAs typically improve on federal
The specifics vary by local, but these are the patterns that show up most often across Kroger CBAs:
Daily overtime triggers. Some CBAs pay 1.5x after 8 hours in a single shift, even if the weekly total is under 40. That matters for associates who work a handful of long shifts and then take days off.
Sunday and holiday premiums. Many contracts require 1.5x or a flat-dollar premium for all Sunday hours, plus 1.5x or 2x for working listed holidays (Thanksgiving, Christmas, New Year’s Day, July 4, Labor Day, Memorial Day). Non-union stores and corporate positions rarely have this.
Seniority and overtime distribution. Several CBAs require overtime hours to be offered first to senior associates before being spread to newer staff. If you’re newer and always getting stuck with the 48-hour weeks while senior coworkers sit at 32, check the contract.
Pay rate for the regular rate. Some CBAs specify that bonuses, tenure step-ups, and certain premiums all roll into the overtime calculation. This raises your effective overtime rate.
The problem with MyTime clock-ins
Kroger rolled out a policy change in June 2025 that tightened clock-in rules across MyTime. Associates now can’t correct timecard errors unless they’re clocked in, which sounds small but has caused real problems. If you punched in at the wrong terminal, got locked out, or had a break auto-deduct that shouldn’t have, the fix now requires you to be on the clock to submit the correction. Associates who try to fix it from home get a dead end.
Result: some overtime hours are going unclaimed because the correction window closes before the associate gets back on shift. If this has happened to you, flag it to your manager the next day and ask them to submit the edit on your behalf. Union associates can also raise it with their steward if the store drags its feet. More detail on the platform mess is in our Kroger login portals guide.
State-specific overtime (applies to everyone)
Federal law is the floor for everyone at Kroger, union or not. State law can add rules that also apply to everyone, regardless of CBA:
- California Kroger divisions (Ralphs, Food 4 Less): daily overtime after 8 hours, double time after 12, seventh-consecutive-day rules.
- Alaska, Nevada, Colorado: various daily overtime triggers.
- Oregon, Washington, Washington D.C.: tighter meal and rest break enforcement that affects how MyTime should record your hours.
If your CBA gives you a better deal than state law, CBA wins. If state law gives you more than the CBA, state law wins. Take the higher of the two.
Exempt roles at Kroger
Non-exempt overtime rules don’t apply to salaried roles that meet the FLSA exemption test. At Kroger, that typically includes:
- Store managers above the salary threshold
- Corporate roles in executive, administrative, and professional categories
- Pharmacy managers (under the professional exemption, with specific duty requirements)
Assistant store managers, co-managers, and department heads sit in a gray zone that has been the subject of retailer lawsuits for years. If your title is something like “assistant manager” or “lead” and you’re salaried but spend most of your time doing the same work as the hourly team, ask HR for your written exemption classification. That document matters if there’s ever a dispute.
If your overtime looks wrong
For union associates, the grievance process is the fastest real path:
- Pull your hours from MyTime or MyInfo and your paystub
- Talk to your store manager first
- Bring it to your union steward if the store won’t fix it
- File a formal grievance through your local
For non-union associates:
- Check your hours on MyTime and paystub on MyInfo
- Talk to your manager
- Escalate to HR through 1-800-952-8889 or the ethics line
- File with the US Department of Labor Wage and Hour Division if internal channels fail
Either way, federal law gives you two years (three if the violation was willful) to recover unpaid overtime. Document everything, and don’t delete screenshots of old timecards.
Quick FAQ
Does Kroger pay 2x on Sundays? Depends on your CBA. Many do pay 1.5x on Sundays; a few pay flat-rate premiums instead. Non-union associates usually don’t get a Sunday premium unless state law requires one (it doesn’t, in most states).
Is holiday pay overtime? Only if your CBA says so. Federal law doesn’t treat holiday hours as overtime by themselves. Many union contracts at Kroger do pay premium rates for holidays worked.
What about part-time associates? Overtime eligibility is about hours worked, not employment status. A part-time associate who works 41 hours in a week gets overtime for that 41st hour, same as a full-timer.
Where do I find my CBA? Ask your union steward or check your local’s website. Major UFCW locals covering Kroger include Local 7 (Colorado), Local 8-Golden State (Northern California), Local 770 (Southern California), Local 1000 (multiple states), and others.
For the broader federal framework behind all of this, the federal overtime pay rules guide explains the FLSA basics. If you’re dealing with a union vs non-union pay issue at the end of your employment, the Kroger final paycheck laws guide walks through the separation timeline. For help with PTO interactions, Kroger PTO policies has the details.
More company-specific guides are on the main Kroger employee page.