Former salesman alleges Home Depot failed to pay overtime

By Noddy A. Fernandez | Jan 29, 2018

SAN DIEGO — A San Diego man is suing Home Depot, alleging unlawful business practices in failing to pay him overtime.

Marco A. Batani filed a complaint Jan. 18 in U.S. District Court for the Southern District of California against Home Depot USA, Inc. and Does 1-20, alleging violation of the California Labor Code.

According to the complaint, between 2016 and 2017, Batani was employed as a sales consultant for Home Depot but he was misclassified as an outside salesperson even though his duties consisted of primarily non-exempt tasks. 

The suit states that during Batani's employment, he regularly worked in excess of eight hours per day and/or 40 hours per week without overtime compensation. The lawsuit states Batani was not provided adequate meal periods and has incurred job expenses that were not reimbursed. 

The plaintiff alleges Home Depot USA committed unlawful, unfair and/or fraudulent business acts and practices as defined by California business and professions codes by failing to pay employees overtime wages, to provide meal and rest breaks, to pay wages due at the time of separation, to furnish timely and accurate wage statements, and to reimburse business expenses, all in violation of state law.

Batani seeks trial by jury, damages of $100, an aggregate penalty up to $4,000, compensatory, and liquidated damages, nominal damages, restitution and disgorgement, punitive and exemplary damages, attorney fees, court costs and all other relief the court deems just. He is represented by attorney Francisco J. Aldana of Law Offices of Francisco J. Aldana in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-00116-BEN-MDD

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Home Depot USA., Inc. U.S. District Court for the Southern District of California

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