Employee Seeks Unpaid Overtime Wages from Publix Super Market

A recent wage and hour lawsuit has been filed against Publix Super Market Inc. by an employee alleging the company has been denying her unpaid overtime wages. The employee resorted to legal action when the company allegedly refused to pay her the unpaid overtime wages and continues to classify her as exempt from overtime benefits.

Florida plaintiff Christina K. is filing legal action to claim her unpaid overtime wages, which the company allegedly denied her on the basis that she is exempt from overtime rates. Under the Fair Labor Standards Act (FLSA), exempt employee status only applies to workers who make a certain salary amount and have some level of authority over other employees.

In general, companies can only classify employees as exempt from overtime benefits if the employee meets the following requirements:

• Earn an annual salary of $23,600 or $455 per week
• Regularly supervise two or more other employees
• Have management as primary duty
• Have authority or input or the job statuses of other employees, such as promotions or shift assignments

Often employees with titles like management or supervisor are exempt employees, as they typically have higher salaries and have the power to hire or fire other employees. However, misclassifying employees as exempt from overtime is one of the most common tactics companies allegedly used to try to minimize labor costs.

This was allegedly the case with Christina, who held the job title as “bakery management” for one of the company’s retail locations. According to the wage and hour lawsuit, Christina had started working for Publix Super Market Inc. on Nov. 4, 1994 and still remains employed with the company.

Even though Christina is classified as a bakery manager, she says her occupational duties are that of a typical minimum wage employee. According to the wage and hour lawsuit, Christina’s daily duties would include providing quality customer service, selling products to customers, reading and understanding recipes, preparing baked goods, loading and unloading ovens, and operating bakery equipment.

Christina says she did not have any authority over other employees or have any other duties typically associated with employees at management or supervisory levels. With these facts in mind, Christina states Publix Super Market Inc. had wrongfully denied her unpaid overtime wages.

Christina says she regularly worked over 40 hours a week and states that she is eligible for her unpaid overtime wages based on her occupational duties and all hours worked.

Overview of Wage and Hour Overtime Law

Under the FLSA, employers are required to pay employees one and a half times their regular hourly rate if the employee works for over 40 hours a week. Non exempt employees must also be provided a meal break every five hours and rest break every four hours.

In addition to these federal regulations, many states impose other wage and hour regulations for companies to follow. Each company must pay at least the federal minimum wage rate and overtime rates when appropriate, or face potential legal repercussions. This has allegedly been the case with Christina, who alleges the company owes her unpaid overtime wages.

This Wage and Hour Lawsuit is Case No. 8:18-cv-00043-JDW-MAP, in the U.S. District Court for the Middle District of Florida, Tampa Division.

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