Lowes 2002 Lawsuit Certified as Class Action |
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U.S. District Judge Carlos Murguia certified a 2002 class action lawsuit filed against Lowes Home Centers, alleging the company failed to pay overtime compensation. The class action was certified on September 1, 2005, long after originally filed in October 2002. About 30 plaintiffs have entered the Kansas City, Kansas federal case, attorneys expect thousands of plaintiffs to join.
Originally filed in October 2002 and amended in November 2003, the suit alleges that Lowe's Home Center stores in Shawnee and Olathe:
Switched employees' method of payment from salaried to hourly Failed to pay for "off the clock" work Failed to pay overtime when employees' pay mode was converted from salaried to hourly Maintained an improper sick leave policy Failed to pay for "comp time"
Lawyers are preparing to notify as many as 75,000 employees of Lowe's Home Centers that they may be able to participate in suing the company.
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Other Employment Cases of Interest
A class action lawsuit has been filed in the Western District Court of Washington against Prudential Insurance for violations of. Class members seek compensatory damages, punitive damages, and damages under the Washington State Consumer Protection Act as well as for costs and attorneys' fees pursuant to the litigation. Laborers employed by Terminix International Company have filed a class action lawsuit against the nationwide extermination service and its parent company, Servicemaster. The lawsuit claims that the defendants require employees to work hours in excess of 40 per week without receiving overtime. The complaint alleges that this denial of overtime violates the federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime together with interest, costs and other damages. A class action filed in Los Angeles Superior Court seeking overtime for Allstate Insurance claims adjusters will go to trial as to damages only in February of 2004. The court has already ruled that Allstate acted inappropriately when it treated the adjusters as not entitled to overtime. That means that the trial will be for the sole purpose of determining how much the adjusters are entitled to as damages. If your employment contract promises you commissions and productivity bonuses, your boss has no choice but to pay you if you fulfill your end of the bargain. The class has been certified in a nationwide action filed against Snyder Communications, LP on behalf of long-distance telephone service sales associates who allege that the company failed to pay them commissions and bonuses, breaching their contracts and defrauding them since April 1997. Persons eligible to participate in the action should contact the class attorneys for more information.
A class action lawsuit has been filed in the Chancery Division of Cook County (Chicago) Superior Court against Illinois based retailer Sears Roebuck & Co. The case was brought by the Central Laborers Pension Fund and may involve the company’s benefit plans. 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 collective action has been filed in Florida against the School Board of Broward County, Florida. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the board. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as, statutory damages, liquidated damages and declaratory relief.
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