Staples Faces FLSA Claims in Unpaid Overtime Class Action

An unpaid overtime class action lawsuit was filed against Staples on Feb. 5., alleging the popular office supply store failed to pay their delivery drivers for all hours worked.

Named plaintiff James M. filed the unpaid overtime lawsuit against Staples for allegedly breaking overtime pay rules. He stated, “this lawsuit involves one basic principle: an employer should fully compensate an employee for the entire time the employer requires its employees’ presence at a jobsite,” according to the unpaid overtime class action lawsuit. 

Staples delivery drivers were allegedly not paid for overtime hours worked while they waited for their trucks to be loaded at the beginning of their shift. While all drivers were told to arrive at a particular time, the unpaid overtime lawsuit claims that the drivers were not paid until their trucks were loaded. This wait might have taken anywhere from 10 minutes to one hour, which could add up to several hours of unpaid overtime.

Staples’s alleged behavior violated wage and hour laws as set forth in the Fair Labor Standards Act. James filed the unpaid overtime class action lawsuit on behalf of all Staples delivery drivers including himself, as he worked as a Staples employee from June 2006 until January 2015.

The unpaid overtime lawsuit alleges, “Staples recklessly failed to investigate whether its payment practices complied with the Fair Labor Standards Act [and as a result] Delivery Drivers have complained about not being paid overtime or minimum wage for time spent waiting for trucks to be loaded at the beginning of their shifts.”

Wage and Hour Violations

This is one of many unpaid overtime class action lawsuits that has been recently filed by employees against their employers for alleged labor law violations. Many companies are under investigation for not paying their employees properly. Some wage and hour violations included in various wage and hour lawsuit and wage and hour class action lawsuits have included:

• Unpaid Overtime
• Unpaid Wages
• Off-the-Clock Work
• Employee Misclassification as Exempt
• Employee Misclassification as Independent Contractor
• Missed Meals & Breaks
• Donning & Doffing
• Less than Minimum Wage
• Excessive Sidework
• Unpaid Internship

Employee misclassification is one of the more common wage and hour violations brought up in many complaints. While some employees are exempt from overtime payment, many have been told they are not entitled to overtime payment when the Fair Labor Standards Act states otherwise.

If employees are not paid for overtime because of one of these causes, they may be entitled to compensation for lost wages. Already, millions have been awarded to plaintiffs who were allegedly victims of wage and hour violations.

The statue of limitations for Fair Labor Standards Act is two to three years. The Staples unpaid overtime class action lawsuit is seeking any delivery drivers who worked for Staples in the past three years who were wrongly denied overtime payment.

This Staples Unpaid Overtime Class Action Lawsuit is Case No. 3:15-cv-00365 in the U.S. District Court for the Northern District of Texas, Dallas Division.

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