UPDATE 2-Stanley Black & Decker wage lawsuit revived

* Lawsuit revives claim on unpaid overtime

* Worker said was fired in retaliation for complaints

* Company says pays workers in accordance with law (Adds details from ruling, lawyer's comments, company statement, byline)

By Jonathan Stempel

NEW YORK, May 5 (Reuters) - A federal appeals court in New York on Thursday revived a lawsuit accusing Stanley Black & Decker Inc (SWK.N) of failing to pay workers for overtime they worked but were told not to request.

The 2nd U.S. Circuit Court of Appeals said a lower court judge in Rochester, New York erred in dismissing a claim concerning unpaid wages for so-called "off-the-clock" hours.

It also directed the lower court to consider whether the power tools manufacturer fired the plaintiff Greg Kuebel in retaliation for his complaints about unpaid overtime. A claim for time spent commuting to and from work was dismissed.

Kuebel had sued on behalf of about 130 "retail specialists" at the company, where he worked from September 2006 to June 2007. He had been assigned to ensure that Black & Decker products were properly stocked, priced and displayed at six Home Depot Inc (HD.N) stores near his home.

In Thursday's ruling, Circuit Judge Barrington Parker said Kuebel should have been allowed to pursue a claim that his supervisors wrongfully forced him to submit bogus time sheets after ordering him not to record overtime.

Writing for a three-judge panel, Parker said federal labor law does not let employers delegate the responsibility to maintain accurate records of employees' hours.

"The employer cannot be exonerated by the fact that the employee physically entered the erroneous hours into the time sheets," Parker wrote.

Alan Crone, a lawyer representing Kuebel, said in an interview, "We're obviously very pleased with the part of the decision concerning off-the-clock claims, and plan to return to the trial court and litigate that issue."

Stanley Black & Decker spokesman Timothy Perra said in a statement that the company, based in New Britain, Connecticut, was "committed to paying its employees wages and overtime in accordance with the law."

He said the company would vigorously defend against Kuebel's remaining claims in the trial court.

The case is Kuebel et al v. Black & Decker Inc., United States, 2nd U.S. Circuit Court of Appeals, No. 10-2273. (Reporting by Jonathan Stempel)