Jury sides with plaintiffs in Staples class action lawsuit

Posted: February 24, 2009 Author: Kurt Niland Consumer Fraud

staples ext 150x150 Jury sides with plaintiffs in Staples class action lawsuitMisclassification of store managers is a ruse sometimes used by businesses to avoid paying certain employees . As we reported in December, a federal appeals court upheld a $35.6 million judgment against Stores, Inc. for wrongly classifying store employees as managers and then denying them overtime pay. Last week, a federal jury in the U.S. District Court for ordered , Inc., the world’s largest chain of office supply stores, to pay nearly $2.5 million to 343 plaintiffs because of similar violations to the .

The store managers, represented in the class action lawsuit Stillman v. Staples, Inc., charged the retail giant with violating the law when it classified them as exempt and then failed to pay them for overtime. The jury agreed with the plaintiffs and found that Staples had acted willfully in breaking the law. The verdict came after a six-week trial. The amount awarded does not include ’ fees and costs, which the plaintiffs may claim pursuant to FLSA laws.

Staples spokesman Paul Capelli said that the company may appeal the jury’s decision. “We firmly believe that we’re fully compliant with the law,” he said.

The lawsuit was one of many collective and class action alleging the misclassification of store managers have been filed against Staples. It was also not the first suit filed against Staples for violations of the FLSA. In November 2007, Staples settled a class-action lawsuit in for $38 million. That suit related to the classification of assistant managers by Staples stores in California and the retail chain’s failure to compensate the managers for overtime work.

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  • consumer

    Staples needs to settle this and not appeal. If they didn't pay fairly,they should fess up and fix this for future employees. There is too much competition in retail stores right now, and this bad publicity could be their downfall.

  • consumer

    Staples needs to settle this and not appeal. If they didn't pay fairly,they should fess up and fix this for future employees. There is too much competition in retail stores right now, and this bad publicity could be their downfall.

  • guest

    At what point in time will the managers that agreed to this case actually see any information or payout? 

  • Dadx4

    that is what i would like to know

  • John Frank

    It would be nice if they actually pay it. The courts are supposedly holding it up. Yeah, right  more to it then they are telling us. Hope that everyone forgets and they can keep the $$$ for themselves

  • ron stillman

         This is Ron Stillman. I received the first $38,514 in 2010. In December of 2011, I received the remainder ($12,500) of the $51,014 awarded to me. My main counsel, Locks Law, did not in any way, shape, or form, ask me to write this comment.
         I believe that my counsel and their chief litigator, Michael Galpern, did a quite impressive job in reviewing the case prior to taking it on; in preparing me for my deposition; in their questioning of the Staples executives and of myself; and in their handling of the negotiations for the final settlement.
         Andrew Jackson said, “One man with courage makes a majority”. There are lots of us with courage. If the law is on your side, there are excellent lawyers who will take your case.
         I did not need to pay any retainers or legal fees to Locks Law. All I needed to pay was subway fare to their New York office. They, and the jury saw, to their credit, that the truth was on my side. And there is a lot of power in the truth.