Office Depot Asst. Managers Win Class Cert. in Overtime Wages Lawsuit

A group of Office Depot assistant managers was recently certified as a class in their lawsuit over shorted overtime wages.

The New Jersey judge in charge of the class certification for the group, U.S. District Judge William J. Martini, rejected Office Depot’s argument that supervisors were not treated similarly.

“The court concludes that [assistant store managers] are similarly situated for purposes of final certification under the FLSA,” wrote Martini.

The move to certify the class includes more than 300 plaintiffs who worked as assistant store managers at Office Depot over the course of 13 years, between early 2000 and July 2013.

The class of assistant managers claims that Office Depot, prior to 2012, used an overtime pay policy for over six years referred to as a “fluctuating work week.” Overtime was based on the fluctuating weekly schedule of an employee, and would therefore change every week, depriving them of overtime wages.

The recent certification allows the workers’ claims to be considered under the Fair Labor Standards Act (FLSA) on a federal level, as well in class actions in individual states. According to the complaint, the assistant managers allege that Office Depot’s overtime pay methods violated the Fair Labor Standards Act, as well as state wage and hour laws.

“It’s unconscionable that big corporations and other major employers are willing to take advantage of their employees, many of whom are struggling every day just to make ends meet,” said attorney for the plaintiffs Michael Galpern, of Locks Law Firm.

Though Office Depot argued that workers were given supervision and management duties to varying degrees, Judge Martini said that these duties were similar enough, as they all performed menial, non-managerial tasks on a more regular basis than their supervisory roles. The judge noted in his ruling that some of the assistant managers called themselves “glorified cashiers.”

Unpaid Overtime Wages Class Action Lawsuits

Wage and hour laws, at both the state and federal level, are put in place in order to protect employees. These laws are being continuously improved to best protect workers as the workplace changes. These laws are set to ensure the fair treatment of workers.

However, if a worker does not know about the Fair Labor Standards Act (FLSA) or the protections that it offers, their employer may illegally take advantage of them, denying them proper overtime pay, breaks, or classification.

Employees who believe they are being paid unfair wages, not given proper rest periods, or denied overtime may be able to pursue litigation or complaints against their employers from violations of the Fair Labor Standards Act or state labor laws.

Some employees may be afraid that pursuing litigation against their employer may result in serious consequences in the workplace, but FLSA protects workers from this kind of retaliation.

If you have worked for an employer that has failed to follow the Fair Labor Standards Act or state labor laws, including unpaid overtime wages, you may be able to either join a wage and hour class action lawsuit or file a lawsuit individually.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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