CHERRY HILL, N.J.--(BUSINESS WIRE)--A federal judge this week granted final certification to a collective action by assistant store managers seeking claims for unpaid overtime wages they say are due from their employer Office Depot.
The plaintiffs are represented by Michael Galpern, Andrew Bell and Neel Bhuta of Locks Law Firm, Cherry Hill, NJ; as well as attorneys from Klafter Olsen & Lesser, LLP; Berger & Montague, P.C., and Whitfield Bryson & Mason LLP. Judge William Martini ruled on the case, Rivet v. Office Depot, Inc., on Tuesday, Sept. 13, in the United States Court for the District of New Jersey.
Judge Martini's opinion will allow the plaintiffs' claims to continue as a group, both as a Fair Labor Standards Act collective action and a Rule 23 class action in Colorado, Maryland and Washington.
Plaintiffs in the case, who number more than 300, worked as assistant store managers for Office Depot during a period ranging from early 2000 to July 2013. Their claims arise out of an overtime pay policy that Office Depot had in place from late 2005 to 2012. While assistant store managers were entitled to overtime pay, Office Depot only paid overtime, incorrectly, pursuant to the company’s "fluctuating workweek" plan.
The plaintiffs alleged that Office Depot's method for paying overtime violated state and federal wage and hour laws.
“The fact that the court granted certification under the Fair Labor Standards Act and under the state law claims assures that the aggrieved assistant store managers will have the opportunity to present the court with their substantive claims for unpaid overtime wages,” said Michael Galpern, a partner in the Cherry Hill, NJ, office of Locks Law Firm.
“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 Galpern.
Galpern said he and the other lawyers at the Locks Law Firm are firmly dedicated to protecting the rights of workers who seek to recover unpaid wages to which they are entitled.
With offices in Cherry Hill and Roseland, NJ; Philadelphia and New York City, the Locks Law Firm is known for protecting the rights of consumers throughout the country as well as individuals and families who have suffered injuries or death as a result of the recklessness or negligence of another party. Attorneys at the Locks Law Firm practice with the highest level of professional integrity and have extensive courtroom experience. For additional information, contact Thomas Derr of Simon PR, (215) 545-4715, ext. 29, or cell: (215) 620-7723.