Emily Sortor  |  October 26, 2018

Category: Labor & Employment

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A California judge has approved a $2.6 million settlement deal that will end a class action lawsuit claiming that Home Depot provided insufficient seating for employees on the job.

On Wednesday, Alameda Superior Court Judge Ioana Petrou approved the deal, saying that it is “fair, reasonable, and adequate.”

The judge also approved the employees’ request that Home Depot should pay $866,677 in fees and $23,089 in expenses as part of the settlement.

The Home Depot employee seating class action lawsuit was filed by Alma Ramos in December 2015.

Ramos said that she used to work at Home Depot as a cashier, and that during her work, the company did not provide sufficient seating for her and other employees in similar roles. She claimed that this violated the Private Attorneys General Act.

The Home Depot class action lawsuit alleged that the company made a widespread practice of providing insufficient seating to cashiers and store workers in many locations.

According to Ramos, the Private Attorneys General Act (PAGA) permits workers to receive civil penalties from employers who violate the Act.

The Act also allows employees to recover civil penalties on behalf of other employees. However, Ramos only sought to recover penalties that she said the company owed to California’s Labor and Workforce Development Agency as a result of its alleged violations of PAGA.

In November 2016, Ramos added another cashier to the suit, Jolene Lopez. This amendment to the Home Depot seating class action lawsuit was made soon after that Home Depot denied the alleged violations of PAGA.

Under the $2.6 million Home Depot class action settlement, Ramos will receive an incentive award of $7,500 and Lopez will receive one of $2,500.

Wednesday’s settlement deal is the result of more than one year of mediation between Home Depot and the workers. Ramos and Lopez moved to have the settlement deal approved in November 2017.

Judge Petrou first issued a tentative approval of the deal on Tuesday, one day before giving official approval, noting that PAGA is a fairly new statute, so there are not many other settlements to turn to for reference.

However, in response to Ramos’ claim that Home Depot owned California’s Labor and Workforce Development Agency penalties, Judge Petrou did note that the Labor and Workforce Development Agency did not have the right to object to a settlement.

On Tuesday, Judge Petrou said that “because the [Labor and Workforce Development Agency] is not present at the negotiating table, the court’s review of a PAGA settlement must make sure that the interests of LWDA in civil enforcement are defended and that the settlement is fair, adequate, and reasonable under all circumstances.”

On Wednesday, Judge Petrou confirmed her ruling of approval for the settlement deal and set a compliance hearing for Feb. 20.

Ramos and Lopez are represented by Michael D. Singer and Jeff Geraci of Cohelan Khoury & Singer, and by Harvey Sohnen of the Sohnen Law Offices.

The Home Depot Employee Seating Class Action Lawsuit is Ramos v. Home Depot USA Inc., Case No. RG15797737, in the U.S. Superior Court of the State of California, County of Alameda.

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12 thoughts on$2.6M Home Depot Employee Seating Class Action Settlement Gets OK

  1. Toni says:

    Add me worked at home depot from 2002 until 2017 standing long period of times. Not getting proper breaks

    1. A man says:

      get over it and do your job, low life,,,,

  2. Celeste J Gunter says:

    I worked for Home Depot in Atlanta Ga. For approximately 23 years and there were many violations I experienced myself. No lunch, retaliation etc.. Can this also be considered. Thank you

  3. HDFasciitis says:

    They are still doing this today, I work in Colorado and just stood for 7 hours on cement in self check out with NO floor pads because some one might trip on them….and there’s NO sitting at Home Depot with out a Doctor’s note….they actually brag about that.

  4. Kim Hernandez says:

    Please add me. I worked at stores 658, 659, 671, 1034, 680, and the old El Cajon location. Left company in December 2011.
    Thanks

    1. A man says:

      man up, lazy ass. getting paid for doing nothing….ummm

  5. Kim Hernandez says:

    Please add me. I worked at stores 658, 659, 671, 1034, 680, and the old El Cajon location. Left company in December 2011.
    Thanks

  6. Nakia Dorsey says:

    I would like to be added to this settlement. I worked for Home Depot in Elgin Il

  7. Wayne E Hunt says:

    Add me, I worked for the Home Depot in Lompoc, CA

  8. Patricia Engatta says:

    Who would I contac if I did not receive my settlement check from the Home Depot lawsuit. Case Rg15797737 Ramos vrs Home Depot.

  9. Nikki Sykes says:

    Add Me I Worked At the One In Nashville Tennessee

  10. Steven says:

    I worked at The Home Depot in a bunch of different departments. Plumbing/Kitchen and Bath being my primary. I worked at a Louisiana location Home Depot from December 2011 until May 2017. Would I be considered eligible to submitt a claim for The Home Depot lawsuit? If so, how do I go about doing it. Thanks.

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