Office Depot Defeats Collective Status Bid in Overtime Lawsuit

A former sales employee’s unpaid overtime claims against Office Depot are too vague to support a finding that a collective action should be preliminarily certified under the Fair Labor Standards Act, a Texas federal court held.

Ron Stein said in his lawsuit that Office Depot management encouraged him to work through his lunch breaks without getting paid overtime in violation of the FLSA. Stein said he and other similarly situated enterprise sales account managers worked off the clock to meet the goal and work guidelines issued by the company.

But Office Depot said Stein incorrectly listed his job title in ...