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.
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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).
READER COMMENTS
Confused
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Robert
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Can do sexual harassment without punishment that SUCKS
WahWah*
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Ex 16 year employee. There has always been an obvious Brown Noser Club, but not so obvious as it is now. And when a company does start replacing off of its hard working but expensive employees with cheap untrained and unhappy part timers, the quality of the company and the happieness of the customers suffers. The people at Publix Corp aren't stupid. They know this will ruin the company. They don't care! It will take years to drive the whole place into the ground, and by then they will all be more then rich enough to retire early and happy! There's no one left (that care the way George did) to stop them!
FYI : I was never a manager. Never wanted to be. Never tried to be. Never treated badly. Never had problems. I was always a cake decorator, and always did my thing on the side lines, so I have no reason to "just be bitter and angry" with Publix. So my comments on what an awful place it is today, are strictly as an observer. I have witnessed a lot of BS in my years. I have seen more then enough people get thrown under a bus for no real reason, except that someone else wanted to put them under that bus! Those people are horrible. And an associates "life" should be at home with their families, not at Publix with their heads forced up the A$$ of some manager that thinks he/she is some kind of Publix King/Queen! A job is meant to to finance a life at home with families, not to be a life sentence in hell!
P.M.
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During the last couple of years with Publix, I was injured while lifting some heavy product. Now, even though I then worked in an office environment, we were made to go into production during production staff shortage, and help out. This usually meant lifting 50 lbs repeatedly. After the injury occurred, Publix sent me to their employee clinic which was a total JOKE. I was made to perform physical therapy when I had just injured my neck, which turned out to be a herniated disk. Well, the Publix employee clinic tried to pull it off that I had a stained muscle. I had to repeatedly ask to be sent for an MRI or a doctor (as I had gone to therapy with no doctor examination), then after several weeks was finally sent for the MRI. The MRI showed I had a herniated disk in my neck, therefore, I should have been allowed to rest the area, not put more stress on it with therapy. The physical therapy should have come later, once the inflammation had a chance to go down. So...Publix was wrong in sending me to THEIR clinic for improper medical treatment. The story continues...
I was then put on workers comp, but yet I did not miss work, and was allowed the benefit to not have to help out in the production areas, I then was able to do MY job. By doing MY job, I was able to continue working without incident. THEN, management came to my department, which consists of just 6 people, and told us we would be responsible for cleaning 4 floors of the plant. This cleaning takes place, along with our already overload of responsibilities of keeping the plant running on a 24/7 basis. This facility, along with all other Publix manufacturing facilities, have their own cleaning department..it's called the Sanitation Department. This sanitation department, in no way, could possibly perform any duty of the technical position in the department I was in. As I was instructed to do, I tried my best to keep these 4 floors clean, however, pushing around industrialized vacuum cleaners, brooms, and mops created extra pain in my neck injury. Due to this, I asked my manager if I could get help from the sanitation department, he said there wasn't anyone to help. R-E-A-L-L-Y???!!! I didn't argue with the manager, but thought to myself, the cleaning is sanitation's responsibilities!!! My responsibilities is to run the plant!! Well, upon cleaning the massive 4 floors of the plant a couple of times, I reported back to management that the work was too much for me with the injury, and asked if I could just perform MY job. This was the end of my career with Publix, as they removed me from my long standing position, and told me if I could not clean the building, then they could not use me. WOW, I was one of the highest paid hourly employees that Publix has company wide , yet they could not get the SANITATION DEPARTMENT to do their job so I could do mine.
I had just under 1,000 hours of sick time that I COULD NOT USE, I could not get FMLA due to the doctor's statement that I could perform some type of work, I could not draw from worker's compensation, so no paycheck of any type.
Here's the kicker...once Publix removed me from my LONG STANDING position (because I couldn't do their added cleaning responsibilities), they gave me 52 weeks to find another position within the company. Having been one of the highest hourly paid employees, there was nothing available to match the income of which Publix took from me. I did, however, apply fro positions, and was turned down for each one.
So...I injured myself at Publix, they came up with a way to get rid of me, and without having to pay unemployment (of which I have never drawn in my life), and denied me further of any opportunities during the 52 week "so called grace period".
During my almost 30 years with Publix, I can truthfully say that the company is NOT what they claim to the public to be. I was there during the time of George Jenkins, and after his passing I saw major changes...none were for the employees. I will say this, if you have a family member or friend that is in higher management, you can expect to have opportunities not available to the rest of the employees. As well, if you are in their Good 'Ole Boy club, you can expect opportunities to come way. Not to mention any "other" favors managers get that will allow certain individuals advancement. Believe me, I was there for almost 30 years, and saw it all.
Duarte Farcourt
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Sarah Lynn Harrill
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mclesha campbell
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you complainers are idiot
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capt caveman
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The Damn Man
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Also, to anyone who does not think Publix is still not a "good ole boy" company, think again. They installed parameters, but still work the Good Ole Boy network inside that network. you are either in, or you are out. It does not matter how much you may bleed for the company, how much you are willing to give, you are either in, or you are out. I do not believe that Publix cares for me, not one iota. If I was gone tomorrow, no one would miss me at all, and I have been here for over 20 years.
Patricia Zatalava
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thanks for listening
marman
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The other thing is scheduling you to close at 11 PM and then to open the next day at 6 AM. This is a regular and consistent practice. Again, how does that respect the dignity of the employee?
Publix has some good points, but the bad ones make it not worth it.
marman
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Wise Guy
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1) They lost their previous job from an employer that was in their career path, and this is now the only job they can find
2) They never received a higher education, and sadly, like many Americans, this is what the outcome is..the retail industry.
Newsflash..if you have worked in a retail environment for more than 4 years, and you are over the age of 24, then apparently you are not doing much with your life anyway, and I don't feel bad for ya'll.
Emg
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A expub dept mgr in brevard
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Pat McGowan
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M.J.
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dena
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jason
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Ex worker
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Looking for answers
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lisa matthew
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publix man
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jim wingate
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naanaaaanaanahhah
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james m g
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...and now the Publix Executive board is giving them their least
.... The class action lawsuit should be paid by the Board of Directors personal assets...and that goes double for the Executive board !
melia ganus
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publix employee 164358
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1/3 of the associates are eligible for medicaid and food stamps. Meanwhile the only people who profit from Publixs gross earnings and no debt situation are the BOD and Managers. Publix employees are reminded daily that they are replaceable!
jake snow
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Held back Dad 45
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Publix man
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I am assistant department manager for 12+ years, that testing system they have and "finalist lists" is all BS. They promote who they want and how they want. I had a high pass on my ROI (registration of interest) test for 12 years now, and been on and off the finalist list for all this years.
Yet, they promoted people to dept. heads positions after 1-2 years after they been assistant managers, numerous times! I do not play golf with anybody, I dont go fishing with anybody and I don't kiss anybody's a**. I just do my job, and I've been in the high volume stores for 10 years now and I have to teach (show) my managers how to do the job! And they do not like people like me. They are asking for more legal troubles in the near future, it's just a matter of time. The company is run by arrogant "old boys club" rednecks, and if you are not a member of their club, forget it.
cory
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Not drinking the cool aid
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Action
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ilovepublix
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mr george
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Circe Sanders
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