A nationwide class action lawsuit was filed on May 16, 2014 against Publix Super Markets, Inc.. Filed in the U.S. District Court for the Middle District of Tennessee, the lawsuit asserts that Publix, which has more than 100,000 employees, violates the Fair Labor Standards Act (FLSA).
The lawsuit, entitled White, et al. v. Publix Super Markets, Inc., asserts that Publix has failed to pay its hourly associates overtime at the correct rate under federal wage and hour law. The FLSA overtime collective action addresses Publix hourly-paid associates ("Hourly Associates)" company-wide who worked at any Publix grocery store at any time from May 16, 2011 to December 27, 2014 and who worked more than 40 hours in one or more weeks that included the day before, the day of, or the day after New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day. The Court granted summary judgment to Plaintiffs, finding that holiday pay should have been included when calculating the correct rate for paying overtime in the affected weeks. On December 29, 2015 court-approved notice was mailed to class members whose records showed they were eligible to join the suit.