Lowe’s Loses Motion to Dismiss Untimely Wage Case

Manual workers of Lowe’s Home Centers who filed a class action last year for untimely wage compensation will continue to move forward with their claims to try and recover owed wages. The district judge on this case, Rachel P. Kovner, denied in part Lowe’s motion to have the case dismissed. This case which was filed February 28, 2020 will continue to move forward under New York Labor Law (“NYLL”) §§ 191 and 198(1-a) and seeks to represent all manual workers that worked for Lowe’s in New York State from February 28, 2014 and the date of final judgment in this matter.

Affected employees, which include hourly customer services associates, specialists, stockers and other similar manual labor positions, had alleged that due to the manual nature of their work they should be paid weekly as opposed to biweekly under NYLL. Manual workers for the home improvement retail store average over twenty-five percent of their shift time completing physical tasks, including but not limited to: (1) stocking shelves; (2) lifting and stacking boxes; (3) unpacking boxes; (4) carrying trash to the compactor; (5) sweeping floors; and (6) arranging inventory. Despite regularly spending more than twenty-five percent of his shift performing these physical tasks, Lowe’s failed to pay them weekly as required by state law.

Having the Judge allow the case to continue is a significant win as the claims brought forward by affected employees will continue to be addressed by the courts and hopefully have a monetary resolution. Our nation’s hardest working employees deserve to be paid in a timely manner in accordance with the law. New York State ensures that laborers in industries like retail and construction do not have to wait too long in between their hard earned paychecks. If you’ve worked for Lowe’s in New York or believe you may be experiencing something similar, do not hesitate to give us a call for a free phone consultation at (212) 300-0375.

You can also view the Judge’s decision here.