THIS IS THE LOWE’S HR MANAGER OVERTIME WAGE CLAIM WEBSITE
Here we will post updated filings in the case, forms, and information
November 20, 2014
LOWE’S HRM CASE SETTLEMENT AGREEMENT AND REPORT AND RECOMMENDATION OF MAGISTRATE APPROVING IT
BREAKING NEWS UPDATE: The distributions are still in the works but have not yet gone out because we are coordinating with Lowe’s on their share of payment of payroll and FICA taxes. I appreciate everyone calling and emailing but we do not have the resources to respond to 891 phone calls and emails individually. The administrator will commence the mail out of the checks shortly upon receipt of all necessary funds, please be patient.
IMPORTANT INFORMATION REGARDING THE LOWE’S HRM FLSA COLLECTIVE ACTION CASE SETTLEMENT: LYTLE V. LOWE’S, UNITED STATES DISTRCIT COURT, MIDDLE DISTRICT OF FLORIDA:
THE CASE HAS BEEN SETTLED AND ALL OPT INS WILL RECEIVE A DISTRIBUTION BY DECEMBER 24, 2014.
A COPY OF THE SETTLEMENT AGREEMENT IS ON THIS WEBSITE.
***THIS SETTLEMENT IS ONLY FOR THE LYTLE V. LOWE’S CASE AND THOSE WHO OPTED INTO THAT CASE.
THE PENDING COLLECTIVE AND CLASS ACTION CASE IN THE UNITED STATES DISTRICT COURT, DISTRICT OF NEW YORK IS NOT RESOLVED.
Case No. 8:12-cv-1848-T-33TBM – Report and Recommendation: View Document (pdf)
Collective Action Settlement Agreement: View Document (pdf)
The NY District Court HRM overtime wage case: Amended Complaint view.
See the 2nd companion HRM overtime wage case: (the 2nd class HRM national and NY overtime law case)
NOTICE TO CLASS MEMBERS: HUMAN RESOURCES MANAGERS (HRM)
THE U.S. DISTRICT COURT HAS REJECTED THE PARTIES PROPOSED SETTLEMENT AGREEMENT.
THIS MEANS THE CASE IS NOT RESOLVED. THIS IS ALL THE INFORMATION WE HAVE TO SHARE AT THIS TIME. TRIAL IS SET FOR JUNE 2015.
A SECOND COMPANION CASE FOR THE HUMAN RESOURCE MANAGERS (HRM’S) IS OPEN FOR THOSE SEEKING TO FILE A CONSENT FORM. CONTACT US FOR MORE DETAILS AND INFORMATION.
BREAKING NEWS: If you are looking to file your opt in form to participate in a settlement in response to the email distributed by Lowe’s regarding a settlement, please call or email our office for further information and instructions.
The Lytle v. Lowe’s HR MANAGER class case has been submitted to the Court for Approval of a proposed settlement agreement. However, a previous proposed settlement agreement submitted to the Court was not approved. Unless and until the Court approves the proposed settlement agreement, the case and any related cases remain active.
Any current or former employees with questions about the HR MANAGER FLSA class claim or individual claims, please call or email us directly.
We will post the settlement agreement upon approval by the Court.
NEWS: COURT SETS TRIAL FOR JUNE 1, 2015.
DISCOVERY TO BE COMPLETED BY SEPTEMBER 15, 2014, AND MEDIATION TO OCCUR BY SEPTEMBER 2014.
SEE THE ATTACHED SCHEDULING ORDER.
THE CLASS OPT IN PERIOD HAS ENDED FOR THIS CASE. THE APPROXIMATE CLASS NOW CONSISTS OF APPROXIMATELY 873 PRESENT AND FORMER EMPLOYEES, WHO ARE OPT IN PLAINTIFFS AND PART OF THIS CASE.
PLEASE CONTACT US FURTHER WITH ANY QUESTIONS. WE HOPE TO SPEAK TO ALL OPT IN CLIENTS OVER THE NEXT 30 DAYS.
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.