SOURCE: Klafter Olsen & Lesser LLP

June 20, 2013 16:00 ET

Office Depot to Pay Certain Assistant Managers Tens of Thousands of Dollars in Improperly Withheld Overtime Wages

RYE BROOK, NY--(Marketwired - Jun 20, 2013) - Klafter Olsen & Lesser LLP; Berger & Montague, P.C.; Whitfield Bryson & Mason LLP; and Locks Law Firm announce that Office Depot, Inc. (NYSE: ODP) has offered to pay $103,766.90 to three former Assistant Managers for its failure to pay proper overtime wages from May 18, 2009 to February 2012, in connection with a lawsuit filed in the District of New Jersey, Gibbons v. Office Depot, Inc., 12 Civ 2992. The specific amounts that Office Depot has offered to pay, and that were accepted by the workers, were $49,491.48, $32,646.22, and $21,629.20, as well as costs and attorneys fees, to be determined by the Court.

The claims arose under the Fair Labor Standards Act ("FLSA") and asserted that Office Depot violated the FLSA by failing to pay these individuals and other Assistant Managers all wages due and owing to them for working more than 40 hours a week. As has often been noted, the 75-year old FLSA exists to ensure an honest day's work receives an honest day's pay. After an adverse ruling from the court, Office Depot agreed to pay more than one hundred thousand dollars to the three workers who had joined the lawsuit to avoid challenging the claims or litigating the case. Last week, another new worker joined the lawsuit. Within six hours, Office Depot made him an offer of judgment of $26,073.20. The full number of Office Depot Assistant Managers who were subject to the pay procedures at issue in the litigation is not known.

The Office Depot Assistant Managers are represented by Seth R. Lesser, Kurt Olsen, Fran Rudich and Michael Palitz of Klafter Olsen & Lesser LLP; Shanon J. Carson and Sarah R. Schalman-Bergen of Berger & Montague, P.C.; Gary Mason, Nicholas Migliaccio, and Jason Rathod of Whitfield Bryson & Mason LLP; and Michael A. Galpern and Andrew P. Bell of Locks Law Firm.

"This lawsuit is another in an unfortunate pattern of employers taking advantage of workers who often are unaware of their rights," said Seth R. Lesser of KOL. "It is one of Klafter Olsen & Lesser's priorities, and that of my co-counsel firms, to help workers obtain overtime premiums to which they are entitled, and we hope that these judgments send a message to Office Depot and other employers that they need to be vigilant in complying with the law," Mr. Lesser explained.

For more information, contact Michael Palitz at or 914-934-9200, extension 312.

The firms representing plaintiffs have extensive experience in bringing FLSA and wage and hour cases involving the failure to pay overtime. They have litigated FLSA and wage and hour cases from coast to coast. Please visit any of the firms' websites,,,, and, for more information about them.

Contact Information

  • Contact:
    Seth R. Lesser
    Two International Drive, Suite 350
    Rye Brook, New York 10573
    (914) 934-9200