About 20 past and current Publix managers join overtime lawsuit, Morgan & Morgan rep says
Now it's not just assistant managers. Approximately 20 past and current Publix department managers have joined a potential collective-action lawsuit brought in October against the company by three past and current assistant department managers with similar claims of unpaid overtime demands, according to a legal spokesperson.
The original suit, filed Oct. 26, alleged that Publix Super Markets failed to pay the hourly employees for hundreds of overtime hours they routinely worked before and after clocking in and while on unpaid meal breaks. Lawyers for Morgan & Morgan and Shavitz Law Group filed the suit in U.S. District Court for the Middle District of Florida, based in Tampa.
The attorneys filed an amended complaint on Tuesday, adding a former Florida Publix department manager from Bradenton, Carter Hubbs, and a current department manager at an Atlanta, Georgia Publix, Jessica Schafer. Both say they experienced the same off-the-clock work and wish to pursue damages. Then more came.
"Immediately following the filing of the Amended Complaint, approximately 18 Department Managers from multiple states joined this action," said Morgan & Morgan spokesperson Mercedes Trejo in a release. "More are expected to do so."
According to the suit, the plaintiffs worked at Publix stores in Florida, Georgia and Tennessee. Publix, which operates more than 1,300 stores in seven states with more than 250,000 employees, has its headquarters in Lakeland.
Publix taking on Kroger: Publix challenging Kroger with expansion into Northern Kentucky. What we know
What does the lawsuit claim Publix did?
The complaint alleges that the managers and assistant managers were paid hourly but worked prior to clocking in to start their shifts and after clocking out to end their shifts, performing tasks that included walking departments with supervisors, cleaning, organizing, stocking and assisting customers, and were routinely interrupted during unpaid breaks to handle work matters or were asked to handle work matters outside of stores by phone or text, all without compensation.
The plaintiffs estimated working an average of at least five unpaid overtime hours per workweek, according to the complaint, and the company did not provide a method for the employees to record and be paid for duties performed outside of the store, the lawsuit says.
Publix responded in October when the lawsuit was filed in an email sent to local media:
"As an associate-owned company, we are proud to provide our associates with a comprehensive benefits package – including company ownership – in addition to paying our associates in accordance with the law," Publix spokeswoman Maria Brous said. "We take these claims seriously and will respond appropriately."
(If the complaint document above does not load you can read it here.)
Last-minute shopping: Is Publix open Thanksgiving, Christmas, New Year's Eve? Things to know about 2023 holidays
What are Florida's overtime laws?
Florida follows the federal labor laws and does not have any state-specific exemptions in the statutes.
Florida's General Labor Regulations address a "legal day's work," which it defines as 10 hours per day unless a written contract has been signed between the employee and employer requiring fewer or greater hours. The statute only says without such a contract, anyone working over 10 hours' labor is entitled to extra pay but what that is remains undefined.
What are Florida’s overtime pay laws? Assistant managers are suing Publix over unpaid work
This article originally appeared on The Daytona Beach News-Journal: Publix overtime lawsuit: More past, present employees allege OT abuse
