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Employment Law
California Labor Code
Unfair Competition

Ronald Shephard and Henry Romines, on behalf of themselves and all other similarly situated v. Lowe's HIW Inc., Merrill's Garage Doors Inc., Lowe's Home Centers LLC

Published: Jul. 19, 2014 | Result Date: Jun. 26, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 4:12-cv-03893-JSW Settlement –  $6,500,000

Court

USDC Northern


Attorneys

Plaintiff

Matthew K. Edling

Jason Leviton

Mark C. Molumphy
(Cotchett, Pitre & McCarthy LLP)

Erica Sorg

Scott Mays

Bryan M. Payne

Jeffrey Block


Defendant

Emily Burkhardt Vicente
(Hunton, Andrews & Kurth LLP)

Phillip J. Eskenazi
(Baker & Hostetler LLP)

Kirk A. Hornbeck Jr.
(Hunton, Andrews & Kurth LLP)


Facts

Ronald Shephard and Henry Romines filed a class action against Lowe's HIW Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Shephard and Romines asserted that Lowe's committed wrongful conduct and unfair labor practices in violation of the California Labor Code and the California Unfair Competition Law. Lowe's misclassified its employees as "independent contractors," even though they met the definition of employees under the Labor Code. The plaintiffs were all installers, and provided no benefits or overtime wages.

Result

The parties settled for $6.5 million.


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