Workers sue Home Depot to get overtime

Workers filed a class-action lawsuit against Home Depot U.S.A. Inc. Tuesday, alleging the company unlawfully misclassified employees to deny them overtime pay.

Three former employees - Gary Ottaviano of Far Northwest suburban Marengo, Jenny Macias of Far Southwest suburban Shorewood, and Cruz Plaza of Algonquin were all assistant store managers who Home Depot said were exempt from state overtime laws.

Working at various stores, including those in Downers Grove and Joliet, they had to work at least 55 hours a week without getting the time-and-a-half pay, the suit says.

Home Depot's policy, according to the suit, was to fire assistant store managers if they worked less than 11 hours a day. The assistant store managers were also not paid overtime during their training period of two to eight weeks.

Though they were considered managers, the assistant store managers had no power to hire or fire employees, and had no input to staffing.

The cumulative effect was to save the company millions of dollars in wages.

Home Depot is headquartered in Atlanta, Ga., but has at least 57 stores in Illinois.

The suit estimates there are hundreds if not thousands of people who would qualify for the legal class as assistant store managers.

The plaintiffs seek back pay, interest and attorneys' fees, plus a court declaration that overtime must be paid to assistant store managers, and to award damages to be determined at trial.

Home Depot officials had not seen the suit and declined to comment.