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Lowe's overtime settlement?


Des anyone know about the Lowe's ovetime lawsuit that was supposed to be finalized april 1st 2008 i think? I got a notice in the mail back in December to opt in if i wanted so i did, but i moved so i'm hoping whatever small amount it might be they will forward the check.

Thanks so much for the details, thats basically what i found also when i searched online. but i was an hourly employee and wouldn't they know to only send the forms to salaried employees? it even had my total earnings on it and what amount to expect.

There are a few overtime class action suits against Lowe's. They are all, so far as I can determine, still litigating.

The eligible class members are people who were salaried Lowe's employees within the last five years, and who received overtime at 0.5 x base salary under the BeLO overtime system. (Sometimes called "Chinese Overtime", or "fluctuating workweek")

Under BeLO the employees base pay is his income for the week, divided by the number of hours he worked. If he worked more than 40 hours he is entitled to be paid at 1.5 x base for the hours over 40. His base pay already includes 1 x base, so his overtime pay is the extra 0.5 x base.

Example....

Jane earns $450 a week, and works a 50 hour week. Her base pay is $400 / 50, or $9 an hour. She is entitled to be paid 1.5 x that for 10 hours. The $450 includes the 10 hours at $9, so she gets an extra 10 x (9 x 0.5) or $45 as overtime pay.
Next week she works only 45 hours. Now her base pay is $450 / 45, or $10 an hour. She's entitled to 5 hours of overtime, and gets 5 x (10 x 0.5) or $25 of overtime pay.

The dispute is over what the employees "Base Pay" is. The employees are claiming that any commissions or bonusses paid should be used to calculate the base pay for the period.

Thus, in the first example above, if Jane also earned $100 in commission in the first week, then her base pay should not be $450 / 50 = $9/hour, but ($450 + $100) / 50, or $11 and hour. This means that her overtime should have been 10 x ($11 x 0.5) or $55, not the $45 she was paid.

Richard

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