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 where it employs thousands of manual workers throughout New York State.
The lawsuit seeks to represent current and former manual work employees at Lowe's who were paid on an untimely basis, including customer service associates, specialists, stockers, and similar positions. Manual workers are employees who spend 25% 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 bi-weekly rather than weekly, which the lawsuit alleges is a violation of the New York Labor Law's requirement that manual workers be paid within seven calendar days of the end of the week in which their wages were earned.
The lawsuit alleges that Lowe's paid manual workers, including customer service associates, specialists, and stockers, on a bi-weekly basis instead of on the weekly schedule New York law requires for employees whose duties are more than 25% physical.
Who might be covered by this case?
Current and former manual workers, including customer service associates, specialists, and stockers, who worked for Lowe's in New York State and were paid on a bi-weekly basis.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if this applies to me?
Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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