Officemax VP Aided In Worker Misclassification, Court Told

Lisa Ryan, Law360 – March 13, 2015

Workers accusing OfficeMax Inc. of withholding its assistant managers’ overtime wages in a collective action urged a New York federal judge on Friday to compel the company’s corporate representative to testify about communications with its in-house counsel, saying he played a “lead role” in the decision to classify the employees as exempt. 

The suit is Heitzenrater et al v. OfficeMax Inc. et al, case number 1:12­cv­00900, in the U.S. District Court for the Western District of New York.

The plaintiffs are represented by Susan H. Stern, Gregg I. Shavitz, Paolo C. Meireles and Michael Palitz of Shavitz Law Group PA, and Seth R. Lesser and Fran L. Rudich of Klafter Olsen & Lesser LLP.

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