Several former Publix assistant managers are suing the grocery chain for violations of the Fair Labor Standards Act (FLSA) of 1938, alleging that the company failed to pay them for overtime hours worked before shifts, after shifts and during meal breaks.
Among the plaintiffs in the collective action filed Oct. 26 in the Middle District of Florida is Brandy Moore, a resident of Weeki Wachee, Fla. The other two plaintiffs come from Tennessee and Georgia. The lawsuit is a collective action that would include other Publix employees who were also subject to the defendant`s alleged violations of the labor law.
“While (the) defendant required assistant department managers to work overtime hours, it did not pay them for all hours worked, including time spent working inside Publix stores performing pre- and post-shift work off the clock required by Publix or their supervisors; time spent working during unpaid meal breaks; and time spent outside of Publix stores communicating with supervisors and co-workers, and other directives, off the clock,” the lawsuit states.
Publix, however, pushed back against the allegations presented by plaintiffs.
“As a practice, Publix does not comment on pending litigation,” Maria Brous, a company spokeswoman, told the Florida Record in an email. “However, due to the nature of the claims involved, we find it necessary to respond. 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. We take these claims seriously and will respond appropriately.”
The Lakeland, Fla-based company operates more than 1,300 supermarkets across the nation, including the states of Florida, Georgia, Alabama, South Carolina, Tennessee, North Carolina and Virginia.
The proposed collective outlined in the lawsuit consists of nonexempt hourly assistant department managers who worked more than 40 hours per week in Publix stores on or after Oct. 18, 2020.
The in-store, off-the-clock work allegedly performed by the plaintiffs included walking departments with supervisors, cleaning, stocking and helping store customers, according to the lawsuit. In addition, assistant managers were often interrupted during their meal breaks to handle work-related requests, such as assisting customers, finishing paperwork and responding to other workers via texts, the complaint says.
“Upon information and belief, (the) defendant required that plaintiffs and similarly situated employees who are members of the FLSA collective work off the clock to control labor costs and expenses, and for its own convenience,” the lawsuit states.
The plaintiffs estimated that the amount of unpaid work they performed on the job amounted to at least five overtime hours per week.
The lawsuit alleges that the company should have known about the labor law violations because its managers saw the situation firsthand and allowed the unpaid work to be performed.
“(The) defendant’s failure to pay (the) plaintiffs and the FLSA collective for all hours worked was due to a corporate policy to limit labor expenditures (and) preserve corporate profits …” the complaint says.
The former assistant managers are seeking overtime compensation and other wages to be determined at a future trial, as well as liquidated damages, prejudgment interest, attorney fees and other compensation provided for under the FLSA.