Home Depot, Inc., Wage and Hour Litigation

We have several actions pending in different federal courts that are brought under both state and federal law on behalf of current and former merchandizing assistant store managers of Home Depot for Home Depot’s failure to properly pay them overtime. In these actions, we allege that Home Depot intentionally misclassifies merchandizing assistant store managers as “executive employees,” both during and after their in-store training period, so that it can avoid paying them overtime compensation. We allege that the merchandizing assistant store managers receive fixed salaries but routinely work more than 55 hours each week. We further allege in these actions that although Home Depot classifies them as “executives” exempt from overtime pay, the merchandizing assistant store managers spend most of their time doing non-exempt work such as stocking the shelves, running the register and providing customer service while on the floor. Has Home Depot or your employer improperly denied you income? Report Your Case.

In the action brought under the Fair Labor Standards Act, stylized Aquilino et al. v. The Home Depot, Inc., Case No, 04-cv-4100, (D.N.J.) the District Court recently decertified the case that had been previously preliminarily certified as a collective action. The District Court then dismissed without prejudice those plaintiffs that opted into the litigation and extended the tolling of the statute of limitations on those plaintiffs’ claims until June 15, 2011 so they could file. To read the Court’s decisions click here.