Staples Manager Files Class Action Over Unpaid Overtime

A general manager at Staples Inc. filed a potential class action lawsuit against the company in California state court. Plaintiff Fred Wesson alleges that Staples managers are misclassified in order to cheat them out of overtime pay, violating California wage and hour laws.

Wesson has been a general manager at multiple California Staples locations, and at each location, he alleges he was classified as exempt from overtime pay, though his duties performed do not qualify his position as exempt under state law.

Wesson asserts that paying managers a predetermined salary without compensating workers for overtime is considered wage abuse of salaried employees by the office supply company.

In the Staples unpaid overtime class action, Wesson seeks to represent a class of Staples general managers who spend more than half of their work time carrying out duties assigned to nonexempt employees Such duties Wesson claims to perform in more than half of this time on the job include providing direct customer service, stocking shelves and taking out the trash.

Wesson goes on to state that he does not make decisions on “matters of significance” such as personnel decisions in hiring and firing employees or other administrative duties. Combined with the menial tasks that managers are assigned in line with nonexempt employees, Wesson believes the lack of an administrative role does not qualify Staples general managers as exempt.

In addition to allegations that he was stiffed on overtime pay, Wesson alleges that Staples violates other California labor laws as well, including CA break laws and CA lunch break law. He further alleges that Staples does not provide general managers with itemized wage statements, and upon severing ties with the company, Staples does not pay their employees within the legal timeframe established within California final paycheck law.

Wesson isn’t the first to file a CA wage and hour lawsuit against Staples. Back in 2007, Staples paid $38 million in a settlement that claimed the company had misclassified assistant managers as exempt from overtime. A second, separate overtime lawsuit in 2010 set Staples back another $24 million for once again being accused of misclassifying assistant managers. However, in both prior cases, Staples did not admit any wrongdoing in either situation though they paid out hefty settlements.

The plaintiff is represented by Jeffrey K. Compton and Daria Dub Carlson of Markun Zusman Freniere & Compton LLP, and Raymond P. Boucher of Boucher LLP.

The Staples Wage and Hour Lawsuit is Wesson, et al. v. Staples Inc., et al., Case No. BC593889, in the Superior Court of the State of California, Los Angeles County.

California Wage and Hour Lawsuit Information

Sometimes the labor laws in California can be confusing, and employers in California do not fully understand the employment laws related to overtime pay. Other times, employers have purposely taken advantage of their employees and choose not to follow CA labor law.

If you are a exempt employee and believe you were not paid overtime in accordance with California overtime laws, you may have a legal claim and may be eligible to receive compensation for the unpaid hours you worked. Our attorneys understand employee rights in California and can help explain them to you with respect to your individual situation. Consultations are free of charge and are offered at no obligation to you.

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