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.
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.