WEST PALM BEACH, Fla. — Publix Super Markets is facing a federal lawsuit that claims it frequently requires hourly assistant department managers to work off the clock without being paid.
The lawsuit was filed Thursday in the court of the Middle District of Florida, which serves 35 of the state's 67 counties.
The plaintiffs in the lawsuit, who worked as assistant department managers at Publix stores in Florida, Tennessee and Georgia, allege the Lakeland-based supermarket chain failed to pay them for hundreds of overtime hours.
Attorneys with the Shavitz Law Group of Boca Raton and Morgan & Morgan in Orlando are representing the plaintiffs, filing the case under the Fair Labor Standards Act of 1938.
The lawsuit said Publix workers "were not only compelled to complete various tasks in the stores before clocking in and after clocking out, but also that they were expected to answer texts from colleagues both after-hours and during unpaid lunch breaks."
The employees of the Florida-based grocery store chain said the company owes them overtime pay for these off-the-clock hours.
Lawyers representing the plaintiffs said they have been contacted by dozens of affected employees who worked in Florida, Georgia, Tennessee, North Carolina, and South Carolina who experienced the same issues.
"Any and all of the thousands of Publix assistant department managers who may have been affected by the supermarket chain's alleged unlawful conduct can join the collective action," attorneys said in a news release.
Morgan & Morgan attorney Ryan Morgan and Shavitz Law Group attorney Gregg Shavitz released the following statement on the lawsuit:
"Every year, according to the Economic Policy Institute, American workers lose as much as $50 billion per year to wage theft. Our clients have experienced something many workers face as we all become reachable on our phones at any time of day or night — that companies expect employees to be in constant communication but fail to track this time worked. It's unacceptable to force hourly workers to work outside of their shifts and to not pay workers for their time. We believe that the assistant department managers' allegations only scratch the surface of Publix off-the-clock conditions. We will work to uncover all the evidence about the extent of these alleged harmful practices in order to hold Publix accountable and recover every possible dollar of these workers' rightfully earned money."
Publix spokeswoman Maria Brous later released the following statement to WPTV:
"As a practice, Publix does not comment on pending litigation. 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."
Read the full lawsuit below:
