Plaintiff John Utne claimed that that hourly workers were locked in the store after their shifts had ended because the store had been closed to the public for the night. Those employees were not compensated for the time they were trapped in the store.
The workers alleged that Home Depot:
- Failed to pay overtime
- Failed to pay minimum wage
- Failed to pay hourly wages
- Failed to provide accurate written wage statements
- Did not pay all final wages in a timely manner
- Did not pay for all the time it took them to clock in before shifts and clock out after shifts.
Home Depot Class Action Time Frame
2016: Employees sued Home Depot in the U.S. District Court for the Northern District of California.
2017: The court granted Home Depot summary judgment on the time-rounding allegation, but the workers said that it could have been appealed and reversal was a possibility.
2018: The class was certified.
May 2022: The court denied Home Depot's attempt to decertify.
July 2022: The court agreed to adjust parts of the lawsuit regarding issues with Utne's claim that the company failed to pay final wages in a timely manner.
Nov 2022: A judge approved Home Depot's bid to toss a report from a Stanford University social scientist and parts of expert calculations, ruling that evidence would be more helpful in settlement negotiations. The judge also denied the workers' request to exclude certain evidence, finding their arguments weak, reported Law360.
READ MORE CALIFORNIA LABOR LAW LEGAL NEWS
California’s wage and hour laws are most stringent, nationwide. The Golden State protects workers by requiring employers to pay overtime, a minimum wage, and by enforcing rest and meal breaks. California employers are required to keep accurate wage & hour records and provide them to employees when requested.
The Home Depot wage & hour class action lawsuit is Utne v. Home Depot USA Inc., Case No. 3:16-cv-01854-RS, in the U.S. District Court for the Northern District of California.