Brian White  |  January 20, 2021

Category: Labor & Employment

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Lowe’s is facing a class action lawsuit filed by an employee alleging the company isn’t paying out sick time fairly and delivers inaccurate wage statements. 

California resident and lead plaintiff Maria Johnson claims Lowe’s breaks state labor laws by paying out sick hours at lower rates than what she makes normally.

She started working for the company in 2015 as a delivery coordinator, according to the complaint. The role is non-exempt and compensated at an hourly rate. 

Johnson says she and the other plaintiffs have earned bonuses and other incentives through the company that aren’t reflected in the paid sick hours. 

Lowe’s has “acted intentionally and with deliberate indifference and conscious disregard to the rights of employees by underpaying sick pay wages and failing to provide accurate itemized wage statements,” Johnson said.

The complaint also points to wage statements that didn’t add up. These documents allegedly didn’t show total hours worked or rates of pay.Person adding up paycheck regarding Lowe's sick pay class action lawsuit

This happens “routinely” according to Johnson, especially when Lowe’s allegedly underpays for sick time or whenever an employee works overtime. 

Johnson says this practice violates California’s Labor Code, which requires itemized and accurate wage statements. 

Johnson is seeking all current former non-exempt Lowe’s employees who live in California who’ve had similar experiences with their paycheck to join the Class. 

She is formally accusing Lowe’s of violating California’s Labor Code and laws against unfair or unlawful business practices. 

Lowe’s has faced similar legal fights in the past relating to paycheck issues. A Colorado class action lawsuit was filed in 2019 alleging unpaid severance. 

Another class action lawsuit was filed in North Carolina the same year alleging store managers weren’t getting paid for all the work they did. 

In 2014, a class action lawsuit out of Florida against Lowe’s brought by human resource managers alleged the company misclassified them and that they weren’t compensated correctly as a result. The case ended in a $9.5 million settlement

Do you work for Lowe’s? Do you have any issues with your employer or your paychecks? Tell us your story in the comment section below.

The plaintiffs are represented by Larry W. Lee and Simon L. Yang of Diversity Law Group, P.C.

The Lowe’s Sick Pay Class Action Lawsuit is Johnson, et al. v. Lowe’s Home Centers, LLC, Case No.  2:21-at-00036, in California Superior Court for the County of Solano.

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4 thoughts onLowe’s Sick Time Pay Challenged in Class Action Lawsuit

  1. Diane says:

    Was fired from Lowes … won my unemployment insurance claim. And on award letter it was stated employer dishonest and terminated without prior warning.!!

  2. Not alone says:

    This is absolutely true!!!! You can tell a difference when you only have 8 hours of sick time on a paycheck. Icould only imagine if you had to use sick time for multiple days. I was able to notice the first time that I had to use sick time. I am also battling management right now with wage compression. It’s inreal the things lowesnpulls and tried to bet away with. I am also included in the lawsuit going on about the 401k misusing all of our money putting it in a fund that wasn’t performing for prior yets but decided to put a large chunk of employees money in this non-performing fund. You have to watch them and especially your back when you stand up for yourself and others it’s unreal and you will be targeted

  3. elizabeth says:

    my daughter works for lowes got really sick they refused to payher sick leave andtook her bonus away..shegot paid no money for amonth then when she was able to go back the system kicked her out made her waitanother3 weeks so she lost two monts wages the company fixes her hours so she worksfull time but getsnamed part time we in va

  4. Allison Alcaraz-Smith says:

    I was underpaid for a few months when I switched positions at Lowe’s 3034 and no choice but to be underpaid until they could figure out what to do. They passed the buck each time. Claiming they didn’t know who to talk to about it.

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