Publix FWW Overtime Case Update


On February 4, 2015, the Court approved the settlement between the parties in this case, involving hours worked as Department Managers or Assistant Department Managers that were paid overtime by a “fluctuating workweek” calculation method.  To read the Order approving settlement, click HERE. To read the joint motion for settlement approval explaining the settlement that was filed by the parties, click  HERE.  To read the Settlement Agreement filed as an exhibit to the motion and approved by the Court, click HERE.

Under the Settlement Agreement, Publix agreed to pay $30 million, of which approximately $7 million will be paid to the approximately 1580 opt-in plaintiffs who filed Consents to join the case and did not request dismissal prior to settlement, allocated to each individual by a pro rata formula tied directly to the amount of “fluctuating workweek” overtime pay they received within the relevant three year period as a percentage of that group’s total overtime pay received during that period.  Publix will also make individual settlement offers totaling approximately $15 million to the other approximately 15,000 Department Managers and Assistant Department Managers who did not join the case but were paid “fluctuating workweek” overtime within the three years preceding February 4, 2015, which they may accept (and thereby release claims) or decline (and thereby not release claims).  The individual settlement amounts offered to each of these approximately 15,000 who did not join the case will be calculated by a pro rata formula tied directly to the amount of “fluctuating workweek” overtime pay they received from February 4, 2012 through December 27, 2014, as a percentage of that group’s total overtime received during that period.

Within approximately 60 days of 2/4/15, the Settlement Administrator (Dahl Administration) will mail notices containing full details to all those entitled to receive the settlement payments or settlement offers by this settlement.  The Settlement Administrator (Dahl Administration) has created a toll-free number reserved for this case: 1-888-384-1523.  Please direct all address updates or other administrator inquiries to the Settlement Administrator (Dahl Administration) at that telephone number.  Although you may contact Plaintiffs’ Counsel regarding your rights, only the Settlement Administrator can provide the amounts allocated to each affected individual and will do so in the notices, so any requests for amounts before the notices issue will not receive a response.

This settlement does not affect the separate hourly associate overtime case, White v. Publix Super Markets, Inc. (M.D. Tenn.), which is ongoing.