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Lowe’s Home Centers LLC has agreed to pay up to $6.5 million to settle a class action lawsuit alleging it misclassified certain installers as independent contractors. If you or your installation company performed installation services for Lowe’s in California, you could be eligible for benefits from the Lowe’s class action settlement.
The employee misclassification class action lawsuit alleges Lowe’s incorrectly classified certain types of installers as independent contractors instead of Lowe’s employees in violation of California law. Plaintiff Ronald Shephard alleged Lowe’s classified him as an independent contractor instead of an employee and failed to offer him benefits such as health insurance, workers’ compensation insurance, paid sick leave and employee discounts.
The Lowe’s class action lawsuit alleged Shephard should have been classified as an employee instead of an independent contractor under California law because Lowe’s supplied many of the materials necessary to complete the work and controlled many aspects of the installation work.
Lowe’s denies the allegations but agreed to settle the employee misclassification class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
Who’s Eligible
You are a Class Member of the Lowe’s class action settlement if you are an installation company, a principal/owner of an installation company, or a W-2 employee of an installation company that performed installation services for Lowe’s in California between June 15, 2008 and June 26, 2014 under a general contractor agreement or contract for installation services. However, only Class Members who are “natural persons” may file a claim to receive payment.
Potential Award
Up to $1,500 per installer. The actual amount Class Members will receive from the Lowe’s class action settlement has not yet been determined.
Proof of Purchase
N/A
Claim Form Deadline
9/23/2014
Case Name
Shephard v. Lowe’s HIW Inc., Case No. 12-cv-03893-JSW, in the U.S. District Court for the Northern District of California
Final Hearing
1/9/2015
Settlement Website
www.ShephardvLowesSettlement.com
Claims Administrator
Shephard v. Lowe’s Settlement Administrator
c/o Rust Consulting Inc. – 4368
P.O. Box 1935
Faribault, MN 55021-7190
1-877-564-7080
Class Counsel
Jeffrey C. Block
Erica G. Sorg
BLOCK & LEVITON LLP
Matthew K. Edling
Jennifer R. Crutchfield
COTCHETT PITRE & MCCARTHY LLP
Defense Counsel
Phillip J. Eskenazi
Emily Burkhardt Vicente
HUNTON & WILLIAMS LLP
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7 thoughts onLowe’s Independent Contractor Class Action Settlement
To get around it in Texas, Lowe’s subcontracts out of State, then the out of State contractor, hires to do the actual job in State. Depends on who you talk to for an answer as to their status, just hired help or a sub sub contractor. In our case, signed contract with Lowe’s, they sub contracted to an out of state company, who in turn hired a company in our town. The in town company presented a business card saying they were licensed, bonded, and insured. None of that turn out to be true, after checking with the City. I would bet money these clowns would not pass high school wood shop. Any guesses as to the kind of install they did.
Isn’t there another law suit where they refused the family act like e for employees that had worked there for several years and made them quit??
I was an employee of a contractor working for Lowes, and registered to be included in the suit. As God is my witness, I received a check today for $3,281. I was floored. I expected something miniscule… $10 or less. Thank you Mr. Shephard!
Kelrok, maybe I was a bit harsh. You did read the tome that Sindey wrote? Do you believe she has the responsibility to read it over and turn it into English? Maybe since we are anonymous we can write anything we want. I personally wanted a period or a comma in there. My guess is Sindey does not get paid from Rust because of her writing. Then she rants at them. Keep having fun with your payment predictions. Some folks do not like them, but you are not hurting anyone.
sidney, thank you for your clear well thought out statement. It is nice this site lets third graders write here. yall
Way, Way, Way too many companies and small businesses trying this Independent Contractor gig and they’re getting nailed for it. If this country did an intense investigation on these mis-classified workers and collect all of the unpaid tax dollars that’s supposed to benefit these “EMPLOYEES” it would be amazing to see the figures. Everybody’s an independent contractor all of the sudden but in reality if you know the rules behind all of it you’d realize there is a lot of people mis-classified. It’s unfair and most importantly IT’S ILLEGAL !
I wonder when this will happen in other states. Anyone who has thoroughly read the Lowes “independent contractor” mile long contract will see that what is required is way more like employee status than contractor.