Case Results

C. Andrew Head was co-Lead Counsel for the employees in White, et al v. Publix Super Markets, Inc., No. 3:14-cv-01189 (M.D. Tenn.), an overtime collective action under the FLSA involving Publix hourly-paid associates ("Hourly Associates)" company-wide who worked at any Publix grocery store and met the eligibility requirements. On August 19, 2015, the Court granted Plaintiffs' motion for summary judgment in part, ruling that Publix failed to include lump sum Holiday Pay in its calculation of overtime earned in overtime weeks that included the day before, of, and after a Publix-paid holiday, in violation of the FLSA's overtime pay requirements. By Order entered October 28, 2015, the Court 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, or Christmas Day. On February 7, 2018, U.S. District Judge Waverly Crenshaw entered an Order granting final approval of the settlement.