Posted on October 15

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.

Michael Lore is the founder of The Lore Law Firm. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. If you have any questions about this article, you can contact Michael by using our chat functionality.