The grocery chain Publix Super Markets, which has been rated highest for customer satisfaction, might not receive such high marks from its workers given that non-exempt managers are filing lawsuits against the company for unpaid overtime. Three non-exempt managers are claiming the company did not include their bonuses when calculating overtime rates.
According to the Fair Labor Standards Act (FLSA), all non-exempt employees are owed premium pay for overtime employee attendance
for any hours worked beyond 40 in a single workweek. To calculate an employees' regular pay rate, employers must factor in all compensation excluding special occasions, vacation, holiday or illness time off, overtime or discretionary bonuses.
The lawsuit claims Publix excluded non-discretionary bonuses when calculating overtime pay, The Ledger reports, which the suit says represents approximately 18 percent of the employee's total compensation.
"We are confident that our pay, including bonuses, meets and exceeds state and local government regulations … We are committed to our associates and ensuring they are properly paid," Publix spokesperson Maria Brous told the source.
Employers can ensure they are in compliances by regularly auditing payroll records and keeping detailed accounts of employee time attendance
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