A former employee has filed a class-action lawsuit against a major home improvement retailer, alleging widespread wage theft and retaliatory termination. The complaint was filed by Anthony Muia in the United States District Court for the Eastern District of New York on August 23, 2024, against Home Depot U.S.A., Inc.
Muia's lawsuit accuses Home Depot of violating multiple labor laws, including the Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and the New York Wage Theft Prevention Act (WTPA). According to the filing, Home Depot engaged in "willful and unlawful employment policies" that resulted in employees not being paid for regular and overtime hours worked. Muia claims that during his tenure as a sales specialist at Home Depot's Staten Island location, he was routinely scheduled to work more than forty hours per week but was compensated for fewer hours than he actually worked. For instance, during one pay period in February 2023, Muia worked 41 hours but was only paid for 32.25 hours. In another pay period in February 2024, he worked 42 hours but was compensated for just over 33 hours.
The complaint further alleges that when Muia reported his overtime hours to his supervisor, he was instructed to "cut" those hours from his timesheet, effectively erasing them. This practice allegedly violated both federal and state labor laws requiring payment of minimum and overtime wages. Additionally, Muia claims that Home Depot issued inaccurate wage statements that masked the number of actual hours worked by employees, thereby preventing them from discovering their underpayment.
In addition to wage theft allegations, Muia raises individual claims of whistleblower retaliation under NYLL § 740. He asserts that his employment was terminated after he reported safety issues and improper storage practices at his store. Specifically, Muia had informed his supervisor about an unsafe pallet stored using Saran wrap that posed a risk due to its compromised condition. Despite these concerns being legitimate safety issues, Muia alleges that management dismissed them and subsequently terminated his employment.
Muia is seeking various forms of relief from the court on behalf of himself and other similarly situated employees. These include unpaid wages and overtime compensation, liquidated damages equal to the sum of unpaid wages under NYLL and WTPA provisions, prejudgment interest at nine percent per annum as stipulated by NYLL, post-judgment interest, attorneys' fees and costs, as well as any other relief deemed necessary by the court.
The case is being handled by attorneys Alex Rissmiller of Rissmiller PLLC and Matthew L. Berman of Valli Kane & Vagnini LLP. The case ID is 1:24-cv-05912-JRC.