THIS IS THE LOWE’S HR MANAGER OVERTIME WAGE CLAIM WEBSITE.
Here we will post unpdated filings in the case, forms, and information.
The parties attended mediation on October 23, 2013. Unfortunately the mediation did not result in a resolution. We await a ruling on the Motion to Conditionally Certify the National Class. Click HERE to see more.
NEWS: DEADLINE TO FILE CONSENT FORMS WITH THE COURT IS MAY 7, 2014. ALL CONSENT FORMS SHOULD BE SENT PRIOR TO THIS TO ENSURE TIMELY FILING.
NEWS: AS OF SEPTEMBER 4, 2013 ALL PAPERS RELATED TO THE MOTION TO CERTIFY THE NATIONAL CLASS ARE BEFORE THE COURT AND PENDING DECISION. AS OF THIS DATE, 72 CURRENT AND FORMER HR MANAGERS HAVE OPTED INTO THIS CASE REPRESENTING 22 DIFFERENT STATES.
Lytle alleges that the Executive and Administrative exemptions from the FLSA are inapplicable because 1): HR MANAGERS do not supervise 2 or more employees; and 2) HR MANAGERS do not have the discretion to make decisions of significance: all significant decisions require store manager or area manager approval. Lytle seeks time and a half of the base hourly rate of pay for all hours worked, plus an equal amount in liquidated damages. The overtime rate Lytle seeks to use also will include any bonus money earned by the HR MANAGER.
LOWE’S has denied the claims thus far.
This is an opt-in class/collective case pursuant to Section 216(b). A class action automatically covers all class members. This proposed collective action is the type of case requiring any present or former HR MANAGERS to file an opt in notice (form) with the court to claim his or her wages and participate in any settlement or court decision. Further, unless and until a class member files the opt in notice, the statute of limitations continues to run on the wages. In this case, the statute of limitations is 2 years from the last date of the filing of the notice, the time period of which the HR MANAGER can reach back and claim the wages owed. Since Lytle alleges the conduct of LOWE’S is willful, she seeks to recover overtime wages going back 3 years from the date she filed her claim, and 3 years from the date any opt in files his or her opt in notice.
WHO MAY PARTICIPATE: ANY PRESENT HR MANAGER AND ANY FORMER HR MANAGER WHO HAS BEEN EMPLOYED IN THE PAST 3 YEARS MAY BE ELIGIBLE TO PARTICIPATE IN THIS CASE.
WHAT DO I HAVE TO DO TO JOIN THE CLASS AND PARTICIPATE? FILE AN OPT IN FORM/NOTICE.
WILL THERE BE ANY COST TO ME? NO. All costs are funded by the Plaintiff’s attorneys.
HOW DO THE ATTORNEYS’ GET PAID? In this class case, Plaintiffs’ counsel will seek either their actual attorney’s fees to be paid by the Defendant (mandatory in the FLSA if any recovery occurs), or seek a common fund, which is a percentage of the settlement or judgment.
CAN MY EMPLOYER FIRE ME, DEMOTE ME IF I PARTICIPATE? NO. The FLSA specifically sets forth that it is unlawful for any employer to retaliate or cause any adverse employment action to occur to any employee who participates or claims their wages under the FLSA.
WHAT HAPPENS IF I DELAY OPTING IN? Remember, that any wages beyond the 2 year, or perhaps beyond the 3 year period of your last date of employment may be gone forever. For instance if an employee is owed 20 hours per week in overtime wages at 1.5 times their base hourly rate, plus double that sum in liquidate damages, as each week goes by those wages cannot be recovered.
If you would like to discuss this case or your employment history with LOWES, please call or email us.
You are not required to be represented by Plaintiff’s attorneys to opt into the lawsuit. You may retain an attorney of your choice to represent you. You may also agree to select Feldman Morgado to likewise represent your interests.