Lowe’s Loss Prevention Managers (LPMs) working in California brought suit claiming that they were  misclassified as “exempt” from wage and hour laws that require the payment of overtime, and as a result, were denied the overtime pay to which they were entitled.  A settlement worth up to $2,950,000 was recently approved by U.S. District Court Judge Pregerson.  The class of workers who will share in the settlement includes all persons who were employed by Lowe’s as a “Loss Prevention Manager” in the State of California at any time from July 8, 2005 through January 31, 2011.

Under California state overtime regulations, non-exempt workers are entitled to:

  1. One and one-half times their regular rate of pay for all hours worked over 8 per day and for the 1st 8 hours they work on the 7th consecutive day of work in a workweek; and
  2. Double their regular rate of pay [Golden Time] for all hours worked over 12 in any one workday and for all hours worked in excess of 8 on the 7th consecutive day of work in a workweek.

Lowe’s may still face similar unpaid overtime wage claims on behalf of other Loss Prevention Managers who worked at stores outside of California.