Overtime Lawsuit Filed Against Publix by Department Managers

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Publix department managers and assistant managers filed a class action lawsuit for unpaid overtime claiming Publix did not include their bonuses in the overtime calculations and improperly paid "Chinese Overtime".

A class action lawsuit was filed against Publix in federal court in Panama City, Florida, by four department managers asserting they were improperly paid overtime. (Castoro-Harrigan, et. al v. Publix, United States District Court, Northern District of Florida, Case No. 5:12-cv-113) The filed complaint states Publix failed to properly include the value of quarterly and year-end bonuses in the calculation of the manager's overtime. The complaint also asserts these managers should have been paid at a rate of “time and one-half” for their overtime hours, rather than the “half time” fluctuating work week (or “Chinese Overtime”) method used by Publix.

Publix schedules its department managers and assistant managers to work a tremendous amount of overtime each week, according to the complaint. These managers seek to represent a class of managers in similar positions which would expand the case to cover all current and former department managers and assistant department managers who worked overtime in the past 3 years in Publix’s 1,051 stores in Florida, Georgia, Alabama, South Carolina and Tennessee. (Number of Stores According to Publix's web page: http://www.publix.com/about/FactsAndFigures.do) The suit was filed by Tallahassee, Florida attorneys Sean Culliton (seanculliton.com) and John C. Davis (johndavislaw.net).

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Sean Culliton

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