ST. PETERSBURG, Fla. — A collective action lawsuit across multiple states alleging Publix consistently required hourly assistant department managers to work off-the-clock without being paid was filed Thursday in Florida federal court.
Attorneys with Morgan & Morgan and Shavitz Law Group said in a statement that employees in Florida, Tennessee and Georgia allege the supermarket chain failed to pay them for hundreds of overtime hours.
The assistant department managers alleged Publix forced them to complete tasks before clocking in and after clocking out and expected them to answer texts from colleagues both after hours and during unpaid lunch breaks.
The workers allege Publix owes them overtime pay for these off-the-clock hours.
The workers included in this lawsuit worked at Publix within the past three years. The law group says 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 lawsuit.
The law group said it currently represents and has been contacted by dozens of affected employees who worked in Florida, Georgia, Tennessee, North Carolina, and South Carolina who experienced the same issues.
Morgan & Morgan attorney Ryan Morgan and Shavitz Law Group attorney Gregg Shavitz released the following statement:
"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 released the following statement in response to the allegations:
"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."