In Re Home Depot Employment Cases
Published: Mar. 12, 2011 | Result Date: Jul. 23, 2010 | Filing Date: Jan. 1, 1900 |Case number: JCCP4383 Settlement – $1,300,000
Court
L.A. Superior Central
Attorneys
Plaintiff
John R. Mittelman
(Mittelman Law Firm)
Defendant
Joseph C. Liburt
(Orrick, Herrington & Sutcliffe LLP)
Lynne C. Hermle
(Orrick, Herrington & Sutcliffe LLP)
Facts
Teresa Carvalho was an employee of The Home Depot Inc. Home Depot would hold employee storewide meetings on Sunday mornings, beginning at 5 a.m., which would last two hours or less. Under Home Depot's policy, employees that did not remain to complete their shift once the store opened were paid for only two hours of work, and some employees that left after the meetings were required leave and then return to work more than one hour later to complete their Sunday shift, but were not compensated for having to do so.
Carvalho and other employees filed a class action suit against Home Depot, alleging violations of California Labor Code and IWC Wage Orders.
Contentions
PLAINTIFFS' CONTENTIONS:
The class contended that Home Depot's policy violated the IWC Wage Order, which required a minimum payment to hourly employees of four hours of pay whenever they reported for work but were let go, or if otherwise required to clock out before completing four hours of work. Additionally, the class contended that Home Depot failed to pay a split-shift penalty required by the applicable IWC Wage Order.
DEFENDANT'S CONTENTIONS:
Home Depot denied violating the Labor Code or Wage Orders.
Damages
The class sought damages for unpaid reporting time and split-shift wages.
Result
The parties reached a settlement for $1.3 million.
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