Class Certification Granted For Claims Against Office Depot

Because of the importance to international practice generally of class or collective actions, on which we have posted with some frequency from time to time, we report on the decision in Provine, et al. v. Office Depot, Inc.,  No. C 11-00903 SI (N.D. Cal. 2012). 

Office Depot offered a program to its employees known as the Bravo Award Program.  The Program allegedly rewards employees for superior work performance.  The named plaintiff received $50 in awards twice and complained that the Company should have factored in the amounts received in its calculation of "regular rate of pay" for purposes of computing overtime.  Office Depot disagreed.  Class certification was sought on claims relating alleged failure to pay overtime wages, failure to provide accurate wage statements, and related state law claims.