O'Malley and Langan is currently representing workers
in a Pennsylvania Class Action Lawsuit that has been filed
against Lowe's Home Centers, Inc. to recover overtime
compensation for work in excess of 40 hours in a workweek,
and your right to participate in the lawsuit. If you are
a current or former employee of Lowe's Home Centers, Inc.
employed in the title of Department Manager or Assistant
Department Manager at any Pennsylvania store during any
period of time since March 11, 2000, you are entitled
to participate in this lawsuit.
This lawsuit is brought
in the United States District Court for the Middle District
of Pennsylvania under the caption Barbara Evans, et
al. v. Lowe's Home Centers, Inc., No. 3:03-CV-0438.
The case is assigned to United States District Judge A.
Richard Caputo.
The Plaintiffs are nine
individuals who are/were employed by Lowe's Home Centers,
Inc. (“Lowe's”) as salaried Department Managers or Assistant
Department Managers and paid under Lowe's “Salaried Plus
Overtime Eligible Compensation Plan.” The Plaintiffs believe
they are entitled to recover from Lowe's unpaid overtime
wages, attorney's fees, costs, and liquidated damages
under the Federal Fair Labor Standards Act. The Plaintiffs
assert that they are entitled to time-and-one-half overtime
compensation for all time spent working over 40 hours
in any workweek because, contrary to federal law and notwithstanding
the Salaried Plus Overtime Eligible Compensation Plan,
they lacked a clear understanding that their salary compensated
them for whatever number of hours they worked in a given
week, whether fewer or greater than 40 hours. In an April
29, 2004, decision, the United States District Court denied
Lowe's motion to dismiss this case and issued a detailed
Decision allowing us to pursue workers' rights in court.
(You can view this Decision by clicking
here.)
If you wish to seek a payment
in this lawsuit under the federal law, you must complete
the attached Notice of Consent form and mail it to the
address at the bottom of the form. (You can click
here to obtain a copy of the Notice and Consent form)
If you decide to send in a Notice of Consent form, you
should do so as soon as possible, because the time period
for which you can seek a payment for your unpaid overtime
wages under the federal law will depend on when this form
is filled. In any event, the form must be postmarked
on or before SEPTEMBER 20, 2004 .
If you do not send in a
Notice of Consent form on or before the Court-ordered
deadline of SEPTEMBER 20, 2004 , you
will not be allowed to participate in this lawsuit. If
you do not send in a Notice of Consent form by deadline,
we will not be allowed to seek a payment for you in this
lawsuit.
