Publix wins summary judgment on questions of FLSA regular rate calculation

Client(s) Publix Super Markets, Inc.

Jones Day represented Publix Super Markets, Inc. in defense against a company-wide collective action lawsuit alleging violations of the Fair Labor Standards Act claiming that certain bonuses and other payments were improperly excluded from the calculation of the regular rate of pay of supermarket hourly associates nationwide. Jones Day obtained two significant early victories for Publix: The magistrate judge agreed with Publix, over plaintiffs' objection, that issuance of notice to any of the 100,000 plus potential class members should not occur until after discovery and a summary judgment ruling on whether the payments at issue were properly excluded from the regular rate. Following on the heels of this win, the district judge denied plaintiffs' motion for conditional certification, concluding that it was premature to make this decision before a summary judgment ruling.

White, et al. v. Publix Super Markets, Inc., No. 3:14-cv-1189 (USDC M.D. Tenn.)