White, et al v. Publix Super Markets, Inc. -
Case No. 3:14-cv-1189

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

By Order entered October 28, 2015, Judge Campbell of the United States District Court for the Middle District of Tennessee granted Plaintiffs' Motion for Conditional Certification and Issuance of Notice, ordering that notice be distributed to all individuals who (1) worked for Publix as an Hourly Associate in a grocery store at any time between May 16, 2011 and December 27, 2014, and (2) worked more than 40 hours in one or more weeks that included the day before, the day of, or the day after New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day. The Order required Publix to compile the list of all individuals who meet that criteria, and provide that information to the Notice Administrator (RG/2 Claims Administration) for mailing of the Court-required notices to their last known mailing addresses from Publix's records.

Thus, if you receive a notice packet mailed to you by the Notice Administrator (RG/2 Claims Administration) for this case, that means that according to Publix's payroll records you meet the eligibility requirements to join this overtime case, because you are one of the individuals who (1) worked for Publix as an Hourly Associate in a grocery store at any time between May 16, 2011 and December 27, 2014, and (2) worked more than 40 hours in one or more weeks that included the day before, the day of, or the day after New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day.

You may click HERE for a copy of the Consent to Join form.

Para la versión española del Aviso de Derechos de Sumarse al Pleito contra Publix, haga clic aquí.

The following NOTICE OF RIGHTS was authorized by the U.S. District Court, the Honorable Todd J. Campbell, District Judge:

NOTICE OF RIGHTS TO JOIN PUBLIX HOURLY 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.

April White and Bruce Bogach (the "Representative Plaintiffs") 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 Plaintiffs allege that, between May 16, 2011 and December 27, 2014, Publix failed to pay some Hourly Associates all the overtime compensation required under the law. They allege that, because Publix did not include "Holiday Pay" payments in the calculation of the "regular" hourly rate, its calculation of the overtime rate (which is one and a-half times the regular rate for work above forty hours in a week) was too low. Publix has paid the extra Holiday Pay to employees who met its attendance requirements (which may or may not have required actually working) on the day before, the day of, or the day after each of six holidays per year. Those holidays were New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day.

Publix is the defendant in this action and denies the allegations in the Plaintiffs' Complaint. It is Publix's position that its Hourly Associates received all compensation owed, including all overtime compensation, and that Publix properly calculated the regular rate of pay for Hourly Associates. Publix also claims that it has at all times acted in good faith that it did not violate the FLSA.

The Court ruled that, as a matter of law, Publix's Holiday Pay is legally required to be included in calculating the regular rate for its Hourly Associates that is used to calculate their overtime payments due. The Court has not issued any rulings on the amount of overtime any plaintiff is due.

You may be eligible to join and become a party to the Lawsuit if you (1) worked for Publix as an Hourly Associate in a grocery store at any time between May 16, 2011 and December 27, 2014, and (2) worked more than 40 hours in one or more work weeks that included the day before, the day of, or the day after New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day.

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 Plaintiffs are 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 Plaintiffs. If you join the Lawsuit, the Representative Plaintiffs' 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.

How do I Participate in the Lawsuit?

To participate in the Lawsuit, you must sign and submit the attached Consent to Join Publix Hourly Overtime Lawsuit via email, U.S. Mail or facsimile by no later than February 27, 2016 for review and pre-filing approval by class counsel to the following address:

Publix FLSA Claim Notice
c/o RG/2 Claims Administration
PO Box 59479
Philadelphia, PA 19102-9479
publix@rg2claims.com
Toll Free: (855) 279-8685
Fax: (215) 979-1695

The signed Notice of Consent form must be time-stamped (for emails and facsimiles) or postmarked (for U.S. Mail) no later than February 27, 2016, in order to be eligible to participate in the Lawsuit.

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 this lawsuit, you are free to file your own lawsuit.

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.

Where Can I Get More Information?

You can get more information by contacting the Representative Plaintiffs' lawyers at:

Christine Webber
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave., NW, Suite 500
Washington, DC  20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
Email:  pmacker@cohenmilstein.com

David Hughes
HARDIN & HUGHES, LLP
2121 14th Street
Tuscaloosa, Alabama 354
Telephone: (205) 523-0463
Facsimile: (205) 344-6188
Email: publixlawsuit@hardinhughes.com

C. Andrew Head
Head Law Firm, LLC
Suite 305
1170 Howell Mill Rd., NW
Atlanta, GA 30318
Telephone: (404)924-4151 ext. 105
Facsimile: (404)796-7338
Email: publixlawsuit@headlawfirm.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

You may also contact RG/2 Claims Administration by calling toll free to (855) 279-8685 or sending an email to publix@rg2claims.com.