Class Action: Home Depot Owes Assistant Managers Overtime Pay

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Home Depot U.S.A., Inc. is facing a proposed class action that was recently removed from state to federal court in California. The lawsuit, filed by a former assistant manager, claims he was misclassified by the home improvement retailer as an exempt employee in an attempt to avoid paying appropriate overtime wages for the hours he worked in excess of 40 each week.

According to the plaintiff, Home Depot requires its assistant managers to spend “the vast majority of their time” performing non-exempt tasks, such as greeting customers, handling customer service requests, answering the phone, printing out reports for upper management, counting money in the cash register, and processing returns. At no point during his approximately 18-year tenure did the plaintiff maintain a supervisory role over other employees, the suit says, one in which he was given authority to hire, fire, or discipline workers. The plaintiff and other assistant managers, therefore, were managers “in name only,” the lawsuit argues, and should have been properly classified as non-exempt employees entitled to overtime pay.