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Home Depot Overtime Lawsuits: Wage & Hour Laws

Home Depot Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about Home Depot:

What is The Home Depot?

The Home Depot is an American retailer of home improvement and construction products and services. The company was founded in 1978, and has expanded to 2,200 locations worldwide today.

Who Does Home Depot Employ?

As of 2017, Home Depot employs 406,000 people worldwide. Our experienced overtime pay lawyers handle cases for all Home Depot employees, including the following:

  • Customer service representatives
  • Cashiers
  • Cart pushers
  • Department managers/supervisors
  • Shelf stockers
  • Janitors
  • Maintenance workers

Where is Home Depot Located?

Home Depot’s global corporate headquarters is located in Atlanta, Georgia. The company has expanded to have over 2,000 stores throughout the United States, Canada, and Mexico. Some of the U.S. locations include:

Home Depot Overtime Pay Lawsuit News

Overtime Lawsuit Dismissed for Home Depot Delivery Driver

SAN FRANCISCO — Delivery drivers for Home Depot Inc. had their putative class action overtime pay lawsuit dismissed recently. The drivers claimed Home Depot intentionally misclassified them as independent contractors to avoid paying proper wages and overtime. However, the court found that the delivery drivers were not actually employed by Home Depot. The Drivers’ Claim […]

Read All Home Depot News on Overtime Pay Cases and Settlements

What are the Laws for Home Depot Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many Home Depot employees are considered non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “adminstrative” or “professional” roles may fall under these exemptions.

Store managers and other upper management employees may fall under these exemptions.

It is important to note, however, that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.

On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.

Is a Home Depot Employee Entitled to Overtime Pay?

Home Depot employees are often required to work double shifts, as well as additional time before and after their scheduled shift. They may also spend extra time with customers that eats into their break time. As a result, many Home Depot employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.

Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not a Home Depot employee falls under the “administrative” or “professional” exemptions is determine based on job description, job duties, rate of pay, and number of hours worked.

Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. For example, a store manager could be classified as exempt by Home Depot based on the job title, when, in reality, their job duties would classify them as non-exempt.

Home Depot may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from Home Depot.

Does Home Depot Have to Pay Overtime Wages to its Employees?

In many cases Home Depot is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.

Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.

If you believe that Home Depot owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Home Depot Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

Has Home Depot Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former Home Depot employees have brought a number of lawsuits against the company in an effort to reclaim lost overtime wages. Here is an example of one such lawsuits:

  • A group of delivery drivers filed a class action suit against Home Depot for alleged violations of the Fair Labor Standards Act (FLSA) and New Jersey wage laws. The drivers meet the requirements for nonexempt hourly employees, but instead of paying the plaintiffs one and one half times his or her regular rate for each hour worked in excess of 40 hours per workweek as required by FLSA, Home Depot allegedly forced them to accept compensatory time off the week following any workweek in which they worked overtime.

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