In CPM Class Action, Court Certifies Class Consisting of All Lowe’s Installers in California Who Were Misclassified as Independent Contractors as Opposed to Employees

On August 19, 2013, the Honorable Jeffrey S. White, of the United States District Court for the Northern District of California, granted Plaintiffs’ motion to certify a class consisting of “All persons who installed products for Lowe’s or performed services for Lowe’s in the State of California and who were treated as independent contractors by Lowe’s but over whom Lowe’s exercised control and discretion in the performance of their installation services.” See Shepard, et al. v. Lowe’s HIW, Inc., et al., Case No. C 12-3893 JSW (N.D. Cal.).

Thus, the Court held that the more than 860 individuals who installed products for Lowe’s should have been classified as employees as opposed to independent contractors.