A proposed collective action lawsuit has been filed in federal court against Performance Food Group Inc., alleging that the company improperly classified warehouse supervisors as overtime-exempt salaried employees, even though their job duties did not meet the legal requirements for exemption under federal wage law.
According to the lawsuit filed by Fitapelli & Schaffer LLP and Wage and Hour Firm, supervisors regularly worked long hours, often around 60 hours per week, but were not paid overtime compensation as required by the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Pay Act. The complaint alleges that although these workers were labeled as supervisors, their primary duties involved hands-on, physical labor rather than managerial or administrative work.
The named plaintiff claims her responsibilities largely consisted of preparing food and kitchen equipment orders for shipment and working alongside hourly employees such as forklift drivers. She further alleges that she did not have the authority to hire or fire employees, did not exercise independent judgment on significant business matters, and reported directly to higher-level management. These factors weigh against exempt classification under federal wage laws.
The lawsuit also alleges that Performance Food Group failed to maintain accurate payroll records and relied on job titles rather than actual job duties to deny overtime pay. Federal law, including the Portal-to-Portal Pay Act, requires employers to compensate workers for all principal work activities and to keep accurate records of compensable time.
The case is being handled by Joseph Fitapelli and Armando Ortiz and seeks to represent current and former supervisors who were denied overtime pay during the past three years. The lawsuit aims to recover unpaid overtime wages, liquidated damages, and costs on behalf of affected workers. If you worked for Performance Food Group during this time, reach out to Fitapelli & Schaffer today to see if you are eligible for compensation.