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National Wage and Hour Clearinghouse

Workers sue PPG for unpaid OT to stock Lowe's

Thursday, December 31, 2009

Workers in three states sued Pittsburgh-based PPG Industries, saying they've wrongly been denied overtime while stocking and servicing Lowe's home improvement stores that sell PPG's paints and stains.

Additionally, two of the three plaintiffs claim they received unwarranted discipline from PPG after they complained about the overtime issue, and that other workers who have complained have faced similar reprisals.

The suit was filed late Wednesday in U.S. District Court, Pittsburgh on behalf of three workers, one each in New Hampshire, New Jersey and New York. The lawsuit seeks back pay and damages and a federal court order to notify about 165 other PPG workers who do the same job at Lowe's stores in 40 states so they can join in the lawsuit.

"Here people are being asked to work 60 or 70 hours a week, many of them on an annual salary of less than $30,000 a year," said the plaintiffs' attorney, Bruce Fox. "How can anyone in America live on that kind of wage? This is another example of the corporate bottom line coming before people."

The workers, known as territory managers, contend the paint company wrongly treats them as overtime-exempt managers — even though they don't supervise others or make managerial decisions — and doesn't pay them for travel time between stores they service each day.
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