David Yates Feb. 10, 2015, 11:11am


A Texas delivery driver for Staples has brought a proposed national class action against the Fortune 500 Company for alleged overtime and minimum wage violations.

Individually and on behalf of all other similarly situated, James McCutcheon filed suit against Staples Inc. on Feb. 5 in U.S. District Court for the Northern District of Texas, Dallas Division.

In his suit, McCutcheon alleges Staples forces its delivery drivers to show up for work at specific times without having any intention of paying them for time spent waiting for their trucks to be loaded at the beginning of shifts.

“Plaintiff James McCutcheon files the instant suit on behalf of all of Staples’ Delivery Drivers that have fallen victim to Staples’ wrongful payment practices,” the suit states.

“During the past three years, Staples paid Delivery Drivers on an hourly basis and required Delivery Drivers to report to work at a specific time each working day. Staples, however, regularly did not pay Delivery Drivers minimum or overtime wages for time spent waiting for trucks to be loaded at the beginning of scheduled work shifts. This waiting time occurred frequently and typically ranged from 10 minutes to 1 hour.”

McCutcheon accuses Staples of “recklessly” failing to investigate whether its payment practices complied with the Fair Labor Standards Act.

He is demanding an issuance of notice to all Staples delivery drivers who were employed the last three years; a judgment awarding unpaid back wages; and all court costs, including attorney’s fees.

Dallas attorney Jack Siegel of the Sigel Law Group represents him.

Case No. 3:15-cv-00365-N

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