Summary: A lawsuit again Home Depot claims that the company gave employees compensatory time off instead of paying overtime.
A New Jersey class action lawsuit filed on July 2nd claims that The Home Depot Inc. gave compensatory time off for the following week instead of overtime to delivery drivers that went over 40 hours a week. Under the Fair Labor Standards Act, employees must be paid a minimum of time and a half when over 40 hours are worked in a week.
The plaintiff, Angel Rivera was an employee from July 2010 to November 2014 at the Home Depot on Main Street in Forked River. He was a nonexempt hourly employee. His suit claims that he and other drivers often worked or still work over 40 hours per week. When they did work over 40 hours a week, the next week they would be compensated for a normal hour that they didn’t have to work. For example, if the employee worked 45 hours, the next week they would work 35 but still get paid for 40.
Rivera’s attorney, Daniel Horowitz of Swartz Swidler, has said they are unsure how many employees that may have been the case for or if this practice is isolated to this specific Home Depot store.
The lawsuit is currently seeking other plaintiffs that received compensatory time instead of being paid overtime at any time during the same three years as the plaintiff. Rivera is aware of at least 40 other employees that fit these criteria that may be potential class members but there may be more.
New Jersey Wage and Hour Laws assert that employees must be paid overtime compensation so any failure to pay earned wages is in direct violation of the law. Rivera is seeking injunctive relief, compensatory damages, declaratory relief, attorney fees and costs, and liquidated damages.
Read about these other companies facing class action lawsuits: Sephora Sued for Discrimination in New Class Action Lawsuit and Merrill Reaches Settlement in Class Action Lawsuit
Source: http://www.law.com/sites/articles/2015/07/06/suit-against-home-depot-claims-comp-time-violated-flsa/
Photo: corporate.homedepot.com
