A new Home Depot wage lawsuit say the hardware giant failed to pay employees for overtime and let them take breaks.
Home Depot Wage Lawsuit Alleges Unpaid Overtime and Owed Meal Breaks
Beginning in the middle of 2016, the plaintiff in this Home Depot wage lawsuit said that he was employed as a sales consultant for the company. He carried out this position until late 2017.
Some of his job duties included traveling to customers’ homes for free consultations and estimates, where he would price and pitch home remodel designs. He also says he spent significant time assisting customers, attending meetings with supervisors and training employees as argued in his Home Depot wage lawsuit. He says that the defendant misclassified him as an outside salesperson, despite the clear rules and regulations outlined in federal and state wage and hour law.
He believes that his duties were primarily nonexempt tasks, prompting him to file a Home Depot wage lawsuit. California Labor Code is referenced heavily throughout the Home Depot wage lawsuit, arguing that wage orders are in place for nonexempt employees to receive one and a half times their hourly pay for all hours worked in excess of eight per day and for any work completed beyond 40 in a given workweek.
Employees are entitled to excess pay for working longer than 12 hours in any work day. According to the Home Depot wage lawsuit, the plaintiff regularly worked longer than eight hours by day or more than 40 hours a week without receiving overtime compensation.
When an employee believes that they have been denied overtime due to the employer’s misclassification or illegal policies, this may prompt a lawsuit directly against the company.
An increasing number of lawsuits allege that employers, either intentionally or unintentionally, misclassify workers and allege that those employees are not entitled to overtime due to their job duties.
The Home Depot wage lawsuit alleges that the improvement store continues to violate California labor time rules by depriving the plaintiff of his owed compensation. Misclassification of employees could lead to someone being barred from getting the necessary benefits promised to them under state law.
Improper Meal Breaks Alleged in Home Depot Lawsuit
Furthermore, the Home Depot wage lawsuit alleges that the employer is also responsible for violations of the meal break’s law as outlined under California Labor Code. He claims that he worked in excess of five hours and sometimes for ten hours a day without being provided any half-hour meal periods to be relieved of his duties as required under the law.
If you believe that you may have grounds for a wage an hour lawsuit due to unpaid overtime compensation, misclassification, or missed meal breaks, you may have grounds to bring forward a lawsuit and to consult with the experienced attorneys at Bradley/Grombacher about your next steps- complete the form on this page to learn more.
The Home Depot wage lawsuit is Case No. 3:18-CV-00116, filed in the United States District Court, Southern District of California.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.