Case Results
Employment Misclassification

Lowe’s Home Centers

Ian Pastorius, et al. v. Lowe’s Home Centers, Inc., C.A. 11-cv-00307; United States District Court for the Southern District of Texas—Galveston Division.

This was a nationwide lawsuit alleging that Lowe’s misclassified its Loss Prevention Manager position as exempt under various federal and state wage laws.  Plaintiffs alleged that Lowe’s required Loss Prevention Managers to spend more than 50% of their time performing the same duties as the hourly loss prevention associates.  Plaintiffs alleged that Loss Prevention Managers were not required to perform traditional management duties such as hiring, supervising, firing, delegating or disciplining the associates.  Instead the Plaintiffs alleged that Loss Prevention Managers spent their working hours walking the floor, apprehending shoplifters and watching CCTV to deter and identify theft.  The lawsuit resolved for a substantial sum and led the reclassification of all Lowe’s Loss Prevention Managers throughout the United States.

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