A federal judge in Newark has granted final certification to a wage-and-hour collective action against Office Depot on behalf of assistant store managers claiming they were wrongly denied overtime pay.
U.S. District Judge William Martini ruled that the assistant managers are similarly situated for the purpose of final certification under the Fair Labor Standards Act. He rejected the company’s claims that certification should not be granted because of variations in the amount of supervisory authority wielded by its assistant managers. The judge also rejected Office Depot’s claims that the case could not be decided based on representative testimony because individual defenses preclude final certification.
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