Publix Facss Class Action Lawsuit Alleging Failure to Pay Overtime

In recent news, Publix faces allegations of overtime violations, with more current and former employees coming forward with similar complaints after the suit was initially filed.

The Case: Roberts, Throckmorten, Moore, hubbs, and Schafer v. Publix

The Court: U.S. District Court Middle District of Florida

The Case No.: 8:23-cv-02447-WFJ-C

The Plaintiff: Roberts, Throckmorten, Moore, Hubbs, and Schafer v. Publix

The plaintiffs in the case are Christopher Roberts, Caitlin Throckmorton, Brandy Moore, Carter Hubbs, and Jessica Schafer. At the last check, approx. 20 past and current Publix managers (at varying management levels) were listed as plaintiffs in the potential overtime class action. The potential class action lawsuit was originally filed in October and included allegations that Publix did not pay their hourly employees for hundreds of overtime hours. According to the lawsuit, workers routinely worked before and after their shifts and on unpaid meal breaks. The class action applies to Publix store workers in Florida, Georgia, and Tennessee.

The Defendant: Roberts, Throckmorten, Moore, hubbs, and Schafer v. Publix

The defendant in the case, Publix Supermarkets, Inc., operates over 1,300 stores in seven states, employing over 250,000 employees. Publix is headquartered in Lakeland. According to the allegations, Publix managers and assistant managers were paid hourly rates. Still, they worked before and after clocking out to complete mandatory job duties. Some of these mandatory job duties managers were allegedly expected to perform off the clock included:

  • walking departments with supervisors

  • organizing

  • cleaning

  • restocking

  • assisting customers

According to the class action allegations, managers were also routinely interrupted while they were on unpaid breaks so they could handle work matters. They were also allegedly expected to handle work matters when they were not at work - they were simply contacted by call or text. They were not provided any compensation when they were expected to complete these tasks off the clock and while completely off duty.

The Case: Roberts, Throckmorten, Moore, hubbs, and Schafer v. Publix

The plaintiffs in the case estimate that they worked an average of at least five unpaid overtime hours weekly without being provided with any means of recording their hours or receiving payment for the job duties they completed while outside the store or off the clock.

If you have questions about how to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.