CASE STATUS

The Complaint in this collective action lawsuit was filed in the United States District Court for New Jersey by a former Sales Manager from New Jersey who was employed by Staples. Plaintiff alleges that Staples failed to pay non-exempt Staples Sales Managers for the hours that they work in violation of federal Wage and Hour law. Staples, Inc. allegedly wrongfully classified these employees as exempt to avoid paying overtime.

Pursuant to Court Orders regarding the management and scheduling of the case, the parties are proceeding with discovery in the case (document review, depositions, formal discovery forms) that will proceed towards the filing, by Plaintiffs, of a motion for what is known as "conditional" certification of the claims to permit them to proceed on a class-wide basis.

In the meantime, individuals who believe they are members of the potential FLSA class in the case may submit "consents to join" the case and, to date, over 25 individuals have done so and their consents have been filed by the counsel for the Plaintiffs. You may find and download a consent to join by clicking here.

According to the Court's management orders, the parties are expected to file and respond to motions and, if the court allows plaintiffs to proceed with their case, plaintiff's attorneys will submit a motion to the court seeking to have notice sent to all potentially eligible current and former Staples Sales Managers and to certify the lawsuit as a collective action.

We will periodically update this page to keep you informed of developments as they occur in the lawsuit and include relevant pleadings and briefs, to the extent permitted by any confidentiality orders entered by the court. Pertinent court filings related to this case can be read and downloaded from the Pleadings and Orders page.