ATLANTA — Three former Publix managers have filed a complaint against the grocery chain, alleging that it didn't pay overtime and encouraged work outside of shifts.
The complaint, filed in the U.S. District Court of the Middle District of Florida, alleges that the supermarket corporation violated the Fair Labor Standards Act of 1938. Publix is headquartered in Florida.
Three plaintiffs are listed in the collective action suit, including Caitlin Throckmorton of Douglasville, Georgia. She worked at several Publix stores from March 2022 to May 2023. The other two plaintiffs are from Florida and Tennessee.
The three were former assistant department managers who worked on average five unpaid overtime hours per work week, according to the court filing.
Though assistant department managers are required to work overtime hours, attorneys representing the workers said Publix did not pay them for time spent working inside their respective stores, for performing pre- and post-shift work off the clock required by supervisors, time spent working during unpaid meal breaks, and time spent off the clock speaking with supervisors and co-workers and other directives.
Such allegations were made as early as 2018.
Attorneys for the workers say as Publix is the employer when applying the Fair Labor Standards Act law, the company has "substantial control over Plaintiffs' working conditions," the lawsuit reads in part. In turn, the employees did the aforementioned actions acting in the interest of Publix.
As the actions were done multiple times and were knowingly done in front of other workers and supervisors, the lawsuit claims Publix "has intentionally, willfully, and repeatedly engaged in a pattern, practice and/or policy of violating the FLSA."
The lawsuit is seeking unpaid overtime pay, additional and equal amount as liquidated damages pursuant to FLSA and national labor regulations, and paying attorney's fees, among other reprieves.
