On November 9th, Kyle Diamond and Areceli Mendoza, two former Home Depot Assistant Store Managers, filed for class certification in a suit against their former employer, Home Depot. The plaintiffs claim that Home Depot purposely misclassified them as salaried employees, which denied them access to traditional overtime benefits that hourly wage earners typically receive. Diamond and Mendoza have hired Squitieri & Fearon LLP to represent them in the action. We have posted about employers attempting to dodge their responsibilities to their employees with respect to overtime benefits in the past (see our posts on CVS, GameStop and Staples).
We post this in order to alert Connecticut Home Depot employees that were classified as assistant managers of the existence of this class action suit, and to inform them that they may have a similar claim against the company.
This is not the first time that Home Depot has been sued for misclassifying employees as assistant managers, people who were given the extra responsibilities of management without being given most of the privileges of a managerial position. In July, former assistant managers working for Home Depot filed suit for the same reasons. The exploitation of workers by companies who wish to deny them the benefits of management, while denying the benefits of overtime, needs to stop.
For information regarding overtime exemptions, visit the Connecticut Department of Labor web site.