Issues: Untimely Pay


On February 28, 2020, Fitapelli & Schaffer, LLP filed a class action lawsuit against Lowe’s Home Centers, LLC and Lowe’s Companies, Inc. (“Lowe’s”) for untimely payment of wages to their manual workers. Lowe’s operates approximately 70 retail locations through which they employ thousands of manual workers throughout New York State.

The lawsuit seeks to represent current and former manual worker employees of Lowe’s who were paid on an untimely basis, including customer service associates, specialists, stockers, and similar positions. Manual workers are employees who spend twenty-five percent or more of their time on physical tasks. At Lowe’s, these tasks include, but are not limited to: stocking shelves; lifting and stacking boxes, unpacking boxes, carrying trash to the compactor, sweeping floors, and arranging inventory. When manual workers performed these tasks at Lowe’s, they were compensated on a bi-weekly basis, rather than being paid every week.

Paying these hourly employees on a bi-weekly basis violates the New York Labor Law (NYLL), which mandates that manual workers be paid within seven calendar days of the end of the week in which their wages were earned. The Plaintiff in this matter brought this action on behalf of himself and similarly situated current and former hourly workers throughout New York State who were tasked with physical duties that made up more than twenty-five percent of their work requirements. This action was brought to remedy violations of the NYLL by Lowe’s which have caused employees to be paid on an untimely basis. If you or anyone you know has worked for Lowe’s and would like any additional information, please do not hesitate to call us. Additionally, if you’ve worked as a manual or hourly worker in a similar industry and have concerns about your pay frequency, feel free to reach us at (212) 300-0375 for a free phone consultation or visit our website for more information.

You can also view the complaint here.