Lawsuit Claims Lowe’s Must Install New Pay Policies
by Erin Shaak
Last Updated on May 8, 2018
Viars v. Lowe’s Home Centers, LLC
Filed: January 12, 2018 ◆§ 5:18-cv-00041
Lowe’s Home Centers, LLC is facing a former employee’s claims that he was misclassified as an independent contractor while working for the home improvement center as an installer.
Lowe’s Home Centers, LLC is facing a former employee’s claims that he was misclassified as an independent contractor while working for the home improvement center as an installer. According to the suit, the defendant offered installation services with some of its products that were performed by contractors such as the plaintiff. The suit argues, however, that contractors should have been classified as employees and provided with associated employee benefits, such as overtime wages, insurance, workers’ compensation coverage, unemployment contributions, and eligibility for Social Security and Medicare. The plaintiff allegedly performed 30 to 70 hours of work for the defendant each week without receiving any overtime wages.
The plaintiff claims the defendant maintained control over most aspects of his job, including the customers for whom he performed services, the policies he followed, the pay rates he charged, the uniform he wore, and the yard signs he posted at each customer’s home.
The suit was originally filed in West Virginia state court but has been removed to federal court.
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