Sarah M. Block
Fri, 07/14/2023
Just months before a jury trial was set to begin, Home Depot agreed to pay $72.5 million to settle a class action lawsuit originally filed in 2016. In the lawsuit, the lead plaintiff alleged that Home Depot failed to pay him and other hourly, non-exempt workers in California for work performed off the clock including after the store was closed to customers, failed to pay for all on the clock work because of Home Depot’s time rounding policy, and failed to provide accurate wage statements. The proposed settlement class includes approximately 272,000 workers.
Because the lawsuit is a class action, the settlement is subject to court approval. The parties filed the settlement agreement with the U.S. District Court for the Northern District of California on June 22, 2023. If the Court preliminarily approves the settlement, all class members will receive a formal notice detailing the exact terms of the settlement and their rights with respect to participating in the settlement.
Under both federal and state law, an employer must pay employees for all work it knows or reasonably should have known was performed, even if that work was outside of the employee’s scheduled shift and even if that work was performed off-the-clock. If you believe you have not been paid for all of your work time, including for work performed before or after your scheduled shift, reach out to MSE today to speak to one of our experienced wage and hour attorneys.
