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Home Depot Wage and Labor Law Violations California Class Action

Labor laws generally require that employees be paid for all hours they spend in control of their employer, at the proper rate of pay. The complaint for this class action alleges that Home Depot, Inc. did not pay employees at its California distribution centers for all hours they spent in its control and violated California labor laws and Industrial Welfare Commission (IWC) wage orders in other ways as well.

A class and a subclass have been proposed for this action:

  • The California Class is all individuals who are or were employed by Home Depot in a California distribution center as nonexempt employees, at any time between April 9, 2017 and a date to be determined by the court.
  • The California Labor Subclass is all members of the California Class employed by Home Depot in a California distribution center and classified as nonexempt warehouse associate employees at any time between April 9, 2018 and a date to be determined by the court.

The complaint alleges a number of familiar labor law and IWC wage violations.

Unpaid work time. It alleges that employees were required to clock out for meal breaks, but were then not given uninterrupted meal breaks and were required to perform work during the supposed break time. It also claims the company “unevenly round[ed] time” worked.

Off-the-clock work. It alleges that employees were not paid for all hours they were under Home Depot’s control. Employees were not paid for the time they had to spend waiting for and undergoing loss prevention checks before leaving to go to lunch or at the end of the day.

Failure to pay for overtime hours. The above practices resulted in employees being credited with fewer hours than they actually worked, which it alleges could result in the employees working overtime hours without being paid for them.

Failure to pay overtime work at proper rates. It alleges that when employees earned nondiscretionary incentive pay, that was not taken into consideration when figuring their time-and-a-half pay for overtime hours.

Failure to provide required meal or rest periods. It alleges that employees were sometimes not given the required breaks or were told to perform work during their breaks. While companies are allowed to ask workers to skip breaks, they must give them an extra hour of pay in compensation, but the complaint alleges Home Depot did not do this.

Failure to reimburse employees for work expenses. It alleges employees were required to use their own cell phones for work purpose and were not reimbursed for the costs.

Failure to pay all wages at separation. If the above allegations are true, then this will necessarily result in money still being owed to employees that Home Depot does not recognize and therefore will not be paying at separation.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Home Depot Wage and Labor Law Violations California Complaint

April 9, 2021

Labor laws generally require that employees be paid for all hours they spend in control of their employer, at the proper rate of pay. The complaint for this class action alleges that Home Depot, Inc. did not pay employees at its California distribution centers for all hours they spent in its control and violated California labor laws and Industrial Welfare Commission (IWC) wage orders in other ways as well.

Home Depot Wage and Labor Law Violations California Complaint

Case Event History

Home Depot Wage and Labor Law Violations California Complaint

April 9, 2021

Labor laws generally require that employees be paid for all hours they spend in control of their employer, at the proper rate of pay. The complaint for this class action alleges that Home Depot, Inc. did not pay employees at its California distribution centers for all hours they spent in its control and violated California labor laws and Industrial Welfare Commission (IWC) wage orders in other ways as well.

Home Depot Wage and Labor Law Violations California Complaint
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Improper Calculation of Overtime Rates, Unpaid Overtime