Class Action: Home Depot Failed to Provide Workers with Accurate, Itemized Wage Statements

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A proposed class action lawsuit out of California claims Home Depot U.S.A., Inc. failed to properly itemize employees’ wage statements to reflect their number of overtime hours and rates of compensation.

According to the complaint, the lead plaintiffs and other similarly situated Home Depot employees were compensated at an hourly rate and received quarterly bonuses based on performance. After receiving these bonuses, the plaintiffs claim they were sent pay stubs that displayed a single line item for “FLSA OTADJ.” The case states that this item reflected an adjustment to the rate of overtime pay (OTADJ) in accordance with Fair Labor Standards Act (FLSA) requirements. The suit alleges, however, that the defendant failed to display on employees’ pay stubs their adjusted overtime rates and how many hours were worked at each rate, which precluded employees from determining if they were paid all owed wages.

Under the California Labor Code, the case states, employers are required to provide employees with wage statements that display an accurate and itemized account of “all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate.” The case claims that Home Depot’s pay stubs did not include this information and therefore violated the statute.

The lawsuit seeks to cover a proposed class that includes all current and former retail sales representatives who worked for Home Depot within the past year and received pay stubs containing “FLSA OTADJ” overtime adjustments. The suit requests that Home Depot pay each class member the greater of actual damages or $50 for the first violation and $100 for every additional violation, up to $4,000.