Assistant managers are suing Publix over unpaid work. What are Florida’s overtime pay laws?
Lawyers for three current and past Publix Super Market employees in Florida, Georgia and Tennessee filed a recent lawsuit alleging that the company failed to pay the hourly employees for hundreds of overtime hours worked, and it may turn into a class-action suit.
According to the suit filed by lawyers for Morgan & Morgan and Shavitz Law Group, assistant managers at stores in Spring Hill, Florida, Ohio, Tennesee and near Atlanta, Georgia were required to work prior to clocking in for their shifts and after clocking out, cleaning, stocking groceries and helping customers.
They state they were routinely interrupted during unpaid breaks to handle work matters, and required to respond to work-related emails, texts and phone calls outside of scheduled work hours, as many as five extra hours a week. Publix did not provide a method to track that time worked, the lawsuit says.
In a news release, Morgan & Morgan said a collective action could involve thousands of "similarly situated" Publix assistant department managers. "When you start doing the math, it becomes tens of millions of dollars," said Ryan Morgan, one of the attorneys representing the former and current employees, told News4Jax.
In an email to local media, Publix spokeswoman Maria Brous said, “As an associate-owned company, we are proud to provide our associates with a comprehensive benefits package – including company ownership – in addition to paying our associates in accordance with the law. We take these claims seriously and will respond appropriately.”
Woeking off the clock? Assistant managers sue Publix over lack of overtime pay
What are Florida's overtime laws?
Florida follows the federal labor laws and does not have any state-specific exemptions in the statutes.
Florida's General Labor Regulations address a "legal day's work," which it defines as 10 hours per day unless a written contract has been signed between the employee and employer requiring fewer or greater hours. The statute only says without such a contract, anyone working over 10 hours labor is entitled to extra pay but what that is remains undefined.
What are the federal overtime laws?
According to the U.S. Department of Labor, nonexempt employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay of at least 1½ times the regular rates of pay for any hours over 40 in a work week.
The FLSA does not require overtime pay for working weekends, nights, holidays or regular days of rest unless those days put you over 40 hours. Some exceptions to the 40-hour limit may apply under special circumstances for police officers and firefighters employed by public agencies, or to employees of hospitals and nursing homes.
Some salaried employees making over a certain amount are considered exempt from minimum wage and overtime regulations.
If I'm on salary, am I automatically exempt from overtime in Florida?
Not necessarily. Eligibility for overtime is determined by your employment position, either exempt or nonexempt. Non-exempt salaried positions are still eligible for overtime.
Is it illegal to not pay overtime after 40 hours in Florida?
Employers are required to follow federal regulations and pay overtime for nonexempt employees who work over 40 hours.
What do I do if I believe my employer has not paid me overtime pay that I'm entitled to?
If reporting it to your employer did no good, you can report it to the USDL's Wage and Hour Division, which enforces labor laws. Keep pay stubs, a copy of your employee contract and any relevant paperwork such as emails that can help you prove your side. The agency will work with you to determine the best course of action.
You also can file a lawsuit for back pay, damages, attorney's fees and court costs, or find other people in the same situation and file a class-action lawsuit as the Publix employees did. Your employer is prohibited from retaliating against you for it by both federal and Florida state law.
The Wage and Hour Division may help you get back pay. The Secretary of Labor may or may not get involved, depending on how egregious the situation is, and may obtain an injunction against any employer violating the FLSA and/or require an equal amount to the back pay paid as liquidated damages.
There is a two-year statute of limitations to recover back pay, or a three-year statute if limitations of the violation can be proven to have been willful.
Who is exempt from minimum wage and overtime pay in Florida?
The FLSA exempts some employees from minimum wage requirements and overtime pay:
Executives who receive a salary of at least $684 per week
Administrative employees who receive a salary of at least $684 per week
Learned and creative professionals who receive a salary of at least $684 per week
Computer employees who receive a salary of at least $684 weekly
Highly compensated employees who receive a salary of at least $684 weekly and $107,432 a year (including bonuses, commissions, and other non-discretionary compensation)
Exemptions do not apply to non-management "blue collar" workers in production, maintenance, or construction industries or to police, firefighters, paramedics and other first responders no matter what they make.
Is President Biden trying to expand overtime pay?
In August, the Biden administration proposed raising the threshold for exemption eligibility to include salaried workers making less than about $55,000 annually, or about $1,059 a week, rather than the current $684/week limit. It also would increase overtime protections for highly compensated employees making less than $143,988, an increase from the current level of $107,432, and update these salary thresholds every three years.
The Department of Labor estimated it would result in higher wages for 3.6 million U.S. workers.
This resembles an attempt made by the Obama administration over eight years ago, which was blocked from taking effect by a federal judge in Texas, who said at the time the DOL had exceeded its authority.
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The proposal also would undo a 2019 change that set a separate salary level for the U.S. territories of the Virgin Islands, Guam and the Commonwealth of the Northern Mariana Islands.
The proposed rule is currently open for public comments until Nov. 7.
This article originally appeared on The Daytona Beach News-Journal: Publix lawsuit, Florida's overtime laws: What to do if you're owed money
