Home Depot Overtime Pay Class Action Case Update

Posted on Nov 06, 2012

Case Update: November 6, 2012

Wage and overtime lawsuit seeks collective-action status.

Check back often for updates.  We answer these common questions below:

  1. What is the Home Depot case about?                                                                    
  2. What are we claiming to recover?                                                  
  3. How do I join this case?
  4. Do I have to pay anything?
  5. Who is eligible to join the Home Depot lawsuit?
  6. What time frame is covered?
  7. How do I prove how much I am owed?
  8. Will I be fired for joining this lawsuit?
  9. Which Locations are Included?
  10. How do I get more information about the Home Depot case?
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See below for Home Depot FAQs.

1. What is the Home Depot case about?                                                                     

Many workers for Home Depot work long hours throughout the United States without ever receiving payment for overtime.  In particular, Home Depot employs workers as “asset protection specialists” who inspect and monitor Home Depot stores for suspicious activity and possible crimes.  Home Depot pays these workers an hourly rate without any additional pay for overtime hours worked.  All employers are required to pay their employees 1 1/2 times their regular hourly rate for every hour they work over 40 in a workweek.

The only exception to this is when employers can prove an exemption to the overtime laws that applies to their employees.  Based on our investigation, no exemptions to the overtime rules apply to these workers. Therefore, several of the workers have filed a collective action lawsuit against Home Depot seeking back wages for the last three years, double damages (also known as liquidated damages) and attorney's fees.  The workers who filed this lawsuit claim that Home Depot violated section 207 of Fair Labor Standards Act. You may view a copy of the lawsuit here.

The lawsuit was filed as a "collective action," which means that only employees who sign a consent form and join the lawsuit will be part of the lawsuit. You may learn more about the lawsuit by viewing the Complaint, by contacting our firm at 1-855-947-0707 or by filling out our confidential contact form.

2. What are we claiming to recover?

The employees seek to recover compensation for their unpaid overtime, liquidated damages, and attorney's fees as required by the FLSA for the past three years before this lawsuit was filed.

3. How do I join this case?

To make a claim in this action under federal law, you must complete a Consent Form and return it to us for filing with the Court.

4. Do I have to pay anything?

We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief through either a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.

5. Who is eligible to join the Home Depot lawsuit?

This lawsuit seeks collective-action certification under the Fair Labor Standards Act. If granted, this means all other similarly situated Home Depot employees may be able to recover unpaid overtime and minimum wage compensation.

6. What time frame is covered?

There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within three (3) years of joining the lawsuit by completing a Consent Form and returning it to us.

7. How do I prove how much I am owed?

When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed. If you do have records, however, you should not throw them away.

8. Will I be fired for joining this lawsuit?

It is illegal for an employer to retaliate against you for joining this lawsuit. Retaliation can include: terminating you, changing your hours, reducing your pay, changing your position, or taking any other action in retaliation for joining this lawsuit. 

The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims. If you currently work for Home Depot and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.

9. Which locations are included?

The lawsuit alleges that the wage violations took place throughout the United States.  While Home Depot headquarters are based out of Georgia this a nationwide case effecting all fifty (50) states.

10. How do I get more information about the Home Depot case?

If you would like more information that about this case, please contact the attorneys at our firm at 1-855-947-0707.