This is the Lowe’s HR MANAGER FLSA Collective Action and New York State Law CLASS ACTION OVERTIME lawsuit website
This case style: AUGUSTYNIAK, GIAMBRONE AND GLOVER Individually and on behalf of all others similarly situated v. Lowe’s et al, Case No.: 1:14-CV-00488-RJA, IN THE UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF NEW YORK, BUFFALO DIVISION
In this case, the Plaintiffs have commenced a claim under the Fair Labor Standards Act for overtime wages individually, and on behalf of all currently employed Lowe’s HR MANAGERS (HRM), and all those persons previously employed within the past 3 years in that position, as well as a class action claim under the NEW YORK WAGE LAWS on behalf of all HR MANAGERS employed with Lowe’s in the state of NEW YORK for the past 6 years. The lawsuit alleges that Lowe’s has misclassified the position as exempt from overtime wages, and seeks recovery of overtime wages at a rate of 1.5 times each employee’s regular rate of pay, including the value of bonuses paid, plus double the sum in liquidated damages and payment of attorney’s fees and costs of the litigation.
If you have any questions about this NEW and separate case, which follows a previously settled case styled: LYTLE v. LOWE’S, or are a present or former HR MANAGER of Lowe’s, we would like to hear about your work experience.
Case No.1:14-CV-00488-RJA – PLAINTIFF’S MOTION for CONDITIONAL CLASS CERTIFICATION: View Document (pdf)
Case No.1:14-CV-00488-RJA – AMENDED CLASS & ACTION COMPLAINT: View Document (pdf)
Who are members of the proposed classes?: Any present HR manager and any former HR manager who has been employed in the past 3 years for the FLSA claim, and any present and former HR managers employed within the state of New York in the period of 2006 to the present.
Can my employer fire me, demote me if I participate? No. The FLSA and the New York wage laws specifically sets forth protections which declare that it is unlawful for any employer to retaliate or cause any adverse employment action to occur to any employee who asserts any claims for wages, participates or claims their wages under the FLSA, or participates in any class or collective action.
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 Law Group to likewise represent your interests.