PUBLIX FWW OVERTIME CASE

NOTICE OF YOUR RIGHTS TO JOIN PUBLIX OVERTIME CASE

Do you now or did you ever work in any of these job titles for Publix Super Markets, Inc. (referred to as "FWW Associate" positions) at any time during the period from March 5, 2010 through the present?
  • Assistant Bakery Manager
  • Bakery Manager
  • Assistant Customer Service Manager
  • Customer Service Manager
  • Assistant Deli Manager
  • Deli Manager
  • Assistant Grocery Manager
  • Grocery Manager
  • Assistant Meat Manager
  • Meat Manager
  • Assistant Produce Manager
  • Produce Manager
  • Resident Chef
If so, you have the right to join a pending federal case that alleges you and other similarly situated "FWW Associates" were underpaid for overtime hours worked.  The Publix overtime case seeks recovery of overtime calculated at a full time-and-a-half your regular overtime rate, rather than at only "fluctuating work week" half-time (also known as "Chinese Overtime").

Publix is the defendant in this action and denies the allegations in the Plaintiffs' complaint.  It is Publix's position that its FWW Associates received all compensation owed, including all overtime compensation.  Publix also claims that it has at all times acted in good faith that it did not violate the FLSA.

In order to join this Publix overtime case, you must complete and sign a Consent to Join form and submit it via fax, email, or U.S. Mail to the address stated in the Notice below before August 30, 2013. 

TO DOWNLOAD AND PRINT A CONSENT TO JOIN FORM, CLICK HERE.

The Publix overtime case is styled Ott v. Publix Super Markets, Inc., No. 3:12-cv-00486 (M.D. Tenn.).  It was filed in May, 2012.  To view a copy of the pending Complaint, click here.  To view Publix's Answer, click here.  On May 3, 2013, Judge Campbell of the United States District Court for the Middle District of Tennessee granted Plaintiff's motion to conditionally certify a collective class of all FWW Associates and issue notice to all FWW Associates from all locations company-wide of their rights to seek recovery of unpaid overtime by joining this case.  To view the Order, click here

The Court approved the following Notice to be distributed to all current or former Publix employees who worked in a "FWW Associate" position at any time since March 5, 2010:

NOTICE OF RIGHTS TO JOIN PUBLIX OVERTIME LAWSUIT

This is to notify you of your right to join and participate in an overtime lawsuit against Publix Super Markets, Inc. (“Publix”) under the Fair Labor Standards Act (“FLSA”) and to explain how you can join and participate in the litigation if you desire to do so.

Amanda L. Ott (the “Representative Plaintiff”) filed a lawsuit (the “Lawsuit”) seeking to recover allegedly unpaid overtime wages, liquidated damages, prejudgment interest, attorneys’ fees, and costs from Publix under federal law (the FLSA).  The Representative Plaintiff alleges that the current and former FWW Associates who work or worked in a Publix department (bakery, deli, grocery, meat, produce, or customer service) within a Publix grocery store and who worked over forty hours in one or more work weeks during the relevant period (collectively, the “Similarly Situated Employees”) were not paid all of their overtime compensation required under the law, because (i) Publix failed to add additional earned compensation such as “Holiday Bonus” and “Holiday Pay” to the employee’s hourly rate for the week in calculating the proper “regular rate” upon which Publix was required to pay the employee overtime, and (ii) Publix failed to satisfy all that was required under the law to pay FWW Associates only half-time overtime based on a “fluctuating work week” arrangement, rather than pay overtime at time and a half the employee’s regular rate for all hours worked over 40 in a work week.

Publix is the defendant in this action and denies the allegations in the Plaintiffs’ complaint.  It is Publix’s position that its FWW Associates received all compensation owed, including all overtime compensation.  Publix also claims that it has at all times acted in good faith that it did not violate the FLSA.

As a current or former FWW Associate who worked for Publix in a grocery store department sometime between March 5, 2010 and the present, you are eligible to participate in the Lawsuit if you so desire.

You are eligible to join and become a party to the Lawsuit if you worked for Publix as a FWW Associate in a grocery store department at any time between March 5, 2010 and the present (the “relevant period”), and you worked more than 40 hours in one or more work weeks.  

1.  What Happens if I Join this Lawsuit?    

 If you join the Lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable.  If the Representative Plaintiff is successful in recovering a money judgment or settlement from Publix, you will also be bound by any such judgment or settlement and will share in the amount recovered by the Representative Plaintiff.  If you join the Lawsuit, the Representative Plaintiff’s attorneys will represent you on a contingent fee basis.  Under the fee agreement, you will not have to pay the lawyers directly – win or lose. Instead, the attorneys will be paid a portion of the amount, if any, recovered from Publix by settlement or other payment, or as otherwise awarded by the Court.  While the lawsuit is proceeding, you might be required to provide information or otherwise participate in the action. 

2.   How do I Participate in the Lawsuit?

 To participate in the Lawsuit, you must submit the attached Notice of Consent via email, U.S. Mail or facsimile by no later than August 30, 2013 for review and pre-filing approval by class counsel to the following address:   

 C. Andrew Head
Fried & Bonder, LLC

Suite 305
1170 Howell Mill Rd., NW

Atlanta, GA 30318
Telephone: (404)924-4155

Facsimile: (404)995-8899
Email: publixlawsuit@friedbonder.com

or

David Hughes
HARDIN & HUGHES, LLC
2121 14th Street

Tuscaloosa, Alabama 35401
Telephone: (205) 523-0463

Facsimile: (205) 344-6188
Email: publixlawsuit@hardinhughes.com

The signed Notice of Consent form must be time-stamped (for emails and facsimiles) or postmarked (for U.S. Mail) no later than August 30, 2013, in order to be eligible to participate in the Lawsuit.

3.         What Happens if I do not Join this Lawsuit?

If you choose not to join the Lawsuit, you will not be entitled to share in any judgment rendered or settlement reached in this case, whether favorable or unfavorable, and you will not receive any money from this Lawsuit in the event of a settlement or an award.  Your rights to participate in any action against the company will be preserved.  However the statute of limitations will not stop running on any claims you may have, and may eventually extinguish any right you have to recover for overtime.  If you choose not to join in this lawsuit, you are free to file your own lawsuit.

4.         No Retaliation for Participating

Publix cannot retaliate against you for joining or participating in the Lawsuit.  If you are employed by Publix during the pendency of the Lawsuit, you will continue to be bound by Publix’s applicable policies and procedures governing the terms and conditions of your employment.

5.         Where Can I Get More Information?

            You can get more information by contacting the Representative Plaintiff’s lawyer at:

 C. Andrew Head
Fried & Bonder, LLC

Suite 305
1170 Howell Mill Rd., NW

Atlanta, GA 30318
Telephone: (404)924-4155

Facsimile: (404)995-8899
Email: publixlawsuit@friedbonder.com

or

David Hughes
HARDIN & HUGHES, LLC
2121 14th Street

Tuscaloosa, Alabama 35401
Telephone: (205) 523-0463

Facsimile: (205) 344-6188
Email: publixlawsuit@hardinhughes.com

The call to the attorneys listed above is free and confidential.

THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE U.S. DISTRICT COURT, THE HONORABLE TODD J. CAMPBELL, DISTRICT JUDGE.  THE COURT HAS EXPRESSED NO OPINION REGARDING THE MERITS OF THE PARTIES’ CLAIMS OR DEFENSES.