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Office Depot Overtime Lawsuit Certified Class Action

An Office Depot overtime lawsuit has been certified as a class action, opening the company to potentially thousands of claims. The lawsuit alleges that Office Depot failed to include incentive bonus pay when calculating employees' overtime wages. Employees were reportedly given $50 Bravo Cards as incentive pay, but Office Depot allegedly did not include those bonus cards in overtime wage calculations.

The lawsuit was filed on behalf of employees who received Bravo Awards that were not included in their overtime pay. Office Depot has said that the bonuses were discretionary, but the judge rejected that argument, finding that because the awards were for a fixed amount, they were non-discretionary. Non-discretionary bonuses must be included in overtime wage calculations.

The lawsuit is Provine et al v. Office Depot Inc., case number 3:2011cv00903.

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