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Friday, September 16, 2005

O'Malley and Langan Join In Lawsuit

1,492 workers have joined in a class action lawsuit filed against home improvement giant Lowe's.

Over 1,400 current and former Lowe's employees in Ohio are taking steps to secure payment of increased overtime wages. Jason Smith, a former Department Manager at Lowe's Bellefontaine, Ohio store and nine other former Lowe's employees, originally filed suit in the United States District Court for the Southern District of Ohio, alleging the home improvement giant failed to properly pay him and other salaried employees overtime wages in violation of the federal Fair Labor Standards Act ("FLSA") and the Ohio Minimum Wage Act ("OMWA").

Smith's lawsuit is a class action on behalf of other department managers, assistant department managers and specialists and is presently being litigated in the United States District Court for the Southern District of Ohio in Columbus, under the caption Jason Smith, et al. v. Lowe's Home Centers, Inc., No. 2:04-CV-774(S.D. OHIO). The case is assigned to United States District Judge Gregory Frost.

On May 11, 2005, Judge Frost issued a Decision and Order granting ten former Lowe's employees the right to contact current and former Ohio Lowe's employees to see if they want to join the lawsuit. As of September 2, 2005, 1,492 individuals have joined the lawsuit. The current and former Lowe's employees are represented by a team of law firms headed by the Columbus, Ohio law firm of Barkan and Neff.

"We're pleased that so many Ohio workers have filed federal court forms joining this lawsuit. This response in a great kick-off to the Labor Day weekend, and we feel honored to fight for the rights of so many Ohio workers and their families," said Robert E. DeRose, Esq. of Barkan and Neff.

Lowe's has been operating its home improvement stores for more than 58 years and currently has more than 975 stores in forty-five states. Similar overtime lawsuits have been filed against Lowe's in several other states, including Pennsylvania, Florida, Kansas, and a nation-wide class action lawsuit in New York.

For more information regarding the litigation, or copies of pleadings filed with the United States District Court for the Southern District of Ohio, contact Robert DeRose, Barkan and Neff, (614) 221-4221.

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