Publix Managers File Unpaid Overtime Class Action Lawsuit

April 27, 2012, 2:00PM. By Abi Kistler

Tallahassee, FL (Press Release)A class action lawsuit was filed against Publix in federal court in Panama City, Florida, by four department managers asserting they were improperly paid overtime. (Castoro-Harrigan, et. al v. Publix, United States District Court, Northern District of Florida, Case No. 5:12-cv-113). The filed complaint states Publix failed to properly include the value of quarterly and year-end bonuses in the calculation of the manager's overtime. The complaint also asserts these managers should have been paid at a rate of “time and one-half” for their overtime hours, rather than the “half time” fluctuating work week (or “Chinese Overtime”) method used by Publix.

Publix schedules its department managers and assistant managers to work a tremendous amount of overtime each week, according to the complaint. These managers seek to represent a class of managers in similar positions which would expand the case to cover all current and former department managers and assistant department managers who worked overtime in the past 3 years in Publix’s 1,051 stores in Florida, Georgia, Alabama, South Carolina and Tennessee. (Number of Stores According to Publix's web page: http://www.publix.com/about/FactsAndFigures.do).

The suit was filed by Tallahassee, Florida attorneys Sean Culliton (seanculliton.com) and John C. Davis (johndavislaw.net).