Los Angeles, CA: Office supply retailer Staples Inc, is facing an employment class action lawsuit filed by a delivery driver in Texas who alleges the company fails to pay himself and his colleagues for time spent waiting while the delivery trucks are loaded.
Filed by plaintiff James McCutcheon, the lawsuit claims Staples requires its drivers to be at job sites at specific times but doesn't pay them for the time they spend waiting for their trucks to be loaded, which is routinely between 10 minutes and an hour. McCutcheon claims that this is in violation of the Fair Labor Standards Act (FLSA).
"taples recklessly failed to investigate whether its payment practices complied with the Fair Labor Standards Act,"the lawsuit states. "On information and belief, Delivery Drivers have complained about not being paid overtime or minimum wage for time spent waiting for trucks to be loaded at the beginning of their shifts."The lawsuit states that Staples' drivers, who are paid on an hourly basis, "have suffered lost wages"as a result of the company's failure to pay its employees for this loading time, according to the lawsuit.
McCutcheon worked as a Staples delivery driver from June 2006 until January of this year. He seeks to represent a class of delivery drivers who have worked for Staples in the previous three years.
McCutcheon is represented by Jack Siegel of Siegel Law Group. The case is James McCutcheon v. Staples Inc., case number 3:15-cv-00365, in the U.S. District Court for the Northern District of Texas.
