A Michigan man is suing Office Depot, claiming the company didn't pay him overtime even though his job regularly required him to work more than 40 hours per week.
Plaintiff Brian Danley is seeking class status for all current and former impress managers who worked at Office Depot or OfficeMax. Danley claims the company violated the Fair Labor Standards Act of 1938, which requires overtime pay for certain employees.
The lawsuit claims Office Depot failed to keep accurate time sheets for its employees.
As an impress manager, Danley's responsibilities mainly included customer service, selling merchandise, checking out customers, printing, collating and faxing documents, unloading trucks, receiving and placing customer orders, packing and shipping packages, and cleaning the store.
Office Depot allegedly has a companywide policy that exempts impress managers from overtime. The lawsuit claims Office Depot didn't conduct an analysis of every impress manager's job responsibilities when applying the exemption policy.
Additionally, Danley claims the primary responsibilities of impress managers did not differ substantially from the duties of non-exempt hourly paid employees.
Gregg I. Shavitz, with the Shavitz Law Group P.A., is representing Danley in the suit.
United States District Court for the Southern District of Florida case number 9:14-cv-81469.