Leenay

BACKGROUND

I. Leenay’s Complaint

In September 2019, Leenay filed her PAGA complaint against Lowe’s in Los

Angeles County Superior Court. She brought the lawsuit on behalf of current and former

commissioned employees of Lowe’s, alleging that Lowe’s miscalculated the employees’

premium pay when compensating them for missed meal periods and overtime hours.

More specifically, she alleged that (1) Lowe’s failed to include employees’ sales

commissions when calculating their regular rate of compensation for missed meal period

premiums, and (2) Lowe’s used an erroneous formula for calculating the commission

component of the overtime premium. Leenay further alleged that the commissioned

employees’ wage statements did not disclose information necessary to determine how

Lowe’s was calculating the overtime premium. In addition, she alleged that Lowe’s

failed to provide timely and uninterrupted meal periods for commissioned employees.

On the basis of the foregoing allegations, Leenay alleged causes of action for

failure to pay overtime wages (Lab. Code, § 510), failure to provide meal periods

(Lab. Code, §§ 226.7, subd. (b), 512), failure to pay missed meal period…