$2,950,000 Settlement in Lowe’s California LPM Overtime Claim

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.

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