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Case ID: 4388 | Employment | 08/09/2005
Home Depot assistant managers in California can sue the home improvement company as a class for unpaid overtime, a Riverside California County Superior Court judge has ruled.
The decision stems from three separate lawsuits against Home Depot which were consolidated into one case in Riverside. The lawsuit claims that Home Depot routinely made "merchandising assistant store managers" work at least 55 hours per week and often more. The class potentially includes more than 2,000 people who served as managers in Home Depot's 186 California stores from July 30, 1997, to the present. Total damages could reach more than $100 million, attorneys for the plaintiffs estimate. "The amount at issue here could be in the tens of thousands of dollars per member of the class," said an attorney representing the plaintiffs. The lawsuit claims Home Depot used its assistant managers to sell to customers, stock shelves, travel to other stores to retrieve merchandise – all tasks that are also performed by the hourly workers the managers supervise. The managers performed those tasks more than 50 percent of their shifts, the lawsuit claims, which makes them eligible for overtime pay according to state law. Home Depot required the managers to perform those tasks in order to avoid the cost of paying sales clerks overtime, the lawsuit claims. A trial on the merits of the case is set for 2006. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest A class action lawsuit has been filed in the Middle District Court of Florida against Lowe's Companies, Inc., a North Carolina based home improvement store with 1,000 stores in 45 states, for violations of the Fair Labor Standards Act (FLSA). Class members seek an order enjoining the Company from continuing their current pay policies, compensatory damages, attorney's fees, interest and costs. Patients aren’t the only ones that have been hurt by the HMO phenomenon. A class of physicians has been certified in an action filed against some of the nation's largest managed care companies. The doctors charge that the plans conspired to breach contracts and defraud them in violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO). A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against Wadsworth Golf Construction. The case involves violations of federal labor law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A statewide collective action has been filed in Florida against Nical of Palm Beach. The action is brought on behalf of all current and former "field supervisors", who since May 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. A class action has been filed on behalf of workers at the Huntington, West Virginia call center once operated by Telespectrum Worldwide, Inc. The complaint alleges that the surprise closing of the call center violated the federal Worker Adjustment and Retraining Notification (WARN) Act and caused damage to the plaintiffs. The lawsuit seeks financial and other damages on behalf of the entire class. The parties have reached a proposed $1.33 million settlement of a class action against Lane Bryant, Inc. on behalf of all persons who were employed as a store sales manager at a Lane Bryant store in California at any time between October 27, 1997, and July 7, 2003. To recover under the settlement, class members must submit a claim form postmarked no later than September 23, 2003. |
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