Man alleges Lowe's Home Centers misclassifies installers as independent contractors

By Philip Gonzales | Jan 5, 2018

BECKLEY – A Raleigh County man employed by Lowe's as an installer alleges that he is owed unpaid overtime wages.

BECKLEY – A Raleigh County man employed by Lowe's as an installer alleges that he is owed unpaid overtime wages.

Darin Viars, individually and on behalf of all others similarly situated, filed a complaint on Dec. 4, 2017, in the Raleigh Circuit Court against Lowe's Home Centers LLC alleging that the home improvement store violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that during his employment with defendant beginning in 1999, he regularly performed installations for defendants' stores and fulfilled work orders as directed by defendant. He alleges he was misclassified as an independent contractor and not offered overtime pay and other benefits offered to employees.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, attorney's fees and costs and such other just and appropriate relief. He is represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh Circuit Court case number 17-C-664

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