Bell, et al. v. Home Depot USA, Inc. consolidated actions
United States District Court – Eastern District of California Case No. 2:12-cv-02499-JAM-CKD
Frequently Asked Questions
to inform you that your rights may be affected by a class action lawsuit (the “Class Action”). Judge John A. Mendez of the United States
District Court for the Eastern District of California (the “Court”) has ordered that this Notice be sent to you to inform you about the
pending Class Action and your rights.
If you worked for Defendant Home Depot U.S.A., Inc. (“Home Depot”) in California as an hourly, non-exempt employee who at any time from
September 18, 2010 through May 3, 2016 or as a Supervisor at any time from August 14, 2009 through June 1, 2016 and, during such period(s),
worked at least one overnight shift of more than eight hours that crossed midnight, a pending class action lawsuit may affect your rights..
No
The Class Representatives allege that Home Depot violated California’s wage and hour laws by failing to provide employees overtime pay as
required by California law. The Class Representatives assert Home Depot has maintained an illegal policy of defining its workday in the
State of California to start at midnight for the purpose of denying overtime compensation (time-and-a-half or double time) to overnight
employees. In particular, Plaintiffs allege that Home Depot divides the hours worked by overnight employees into two separate “workdays,”
then schedules its employees to work shifts that span two “workdays” in order to avoid overtime payments to those employees.
On behalf of all Class Members, the Class Representatives seek recovery of unpaid overtime, interest, and penalties under California Labor Code sections 500, 510(a), 1194 and 2698, et seq.,
and California Business & Professions Code sections 17200, et seq., arising from Home Depot’s alleged failure to provide overtime pay due to its definition of the workday. The Class Representatives also seek attorneys’ fees and costs.
If you do not want to be a member of the Class, you must exclude yourself from the Class by August 20, 2021 by either
(i)
HDwagelawsuit@cptgroup.com
or (ii)
mailing the enclosed Request for Exclusion Form. If you exclude yourself from the Class, you will not be part of the lawsuit, you will not be represented
by Capstone Law, you will not be bound by any judgment in the Class Action, and you will not be entitled to receive a portion of any monetary recovery.
The Class Action will not affect your rights or any claims you may have.
Plaintiffs are represented by the following attorneys:Capstone Law APC
Melissa Grant
Mark A. Ozzello
Brandon Brouillette
Joeseph Hakakian
Capstone Law, APC
1875 Century Park East, Suite 1000
Los Angeles, California 90067
Telephone: (800) 778-8810
Facsimile: (310) 943-0369
info@HomeDepotLawsuit.comSetareh Law Group
Shaun Setareh
Farrah Grant
Setareh Law Group
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone: +1 (866) 572-6384
Facsimile: +1 (310) 888-0109
info@HomeDepotLawsuit.comHome Depot is represented by the following attorneys:AKIN GUMP STRAUSS HAUER & FELD LLP
Donna M. Mezias
Dorothy F. Kaslow
580 California Street, Suite 1500
San Francisco, California 94104
Telephone: (415) 765-9500
Facsimile: (415) 765-9501