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March 23, 2005
Office Depot Settles OT Suit

Office Depot has agreed to pay $3.3 million to settle a class-action lawsuit alleging the company misclassified assistant managers in Colorado as exempt from overtime, attorneys for the plaintiffs tell the Denver Post.

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The settlement was reached just before a trial was to begin. In the lawsuit, more than 100 former and current assistant managers alleged that most of their time was spent on non-supervisory tasks, such as stocking shelves and assisting customers, the newspaper notes. Colorado defines an exempt supervisory employee as one who spends a minimum of 50 percent of the workweek in duties directly related to supervision.

Plaintiffs' attorneys tell the newspaper that assistant managers worked about 50 hours per week.

The Associated Press reports that the company tried unsuccessfully to have the case moved to federal court.

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