Introduction

WHAT IS THE LITIGATION ABOUT?

Plaintiff Willie Lopez (“Plaintiff”) and Defendant Lowe’s HIW, Inc. are parties to Lopez, et al. v. Lowe’s HIW, Inc., et al., Los Angeles Superior Court case number BC 260702 (the “Lawsuit”) pending in the Superior Court of the State of California for the County of Los Angeles. The Lawsuit was originally filed on October 29, 2001, and originally captioned as Cynthia Parris v. Lowe’s HIW, Inc. et al. This action is now pending before the Honorable Aurelio N. Munoz and seeks recovery of wages, penalties and related amounts that Plaintiff contends are owed to all current and former hourly employees who worked for Defendant in its retail stores in California from October 29, 1997, to April 23, 2009. The Court has certified a class action in the Lawsuit.

On April 23, 2009, the Court in this action granted preliminary approval of a proposed settlement as set forth in a Class Action Settlement Agreement (“Settlement Agreement”). Eligible Class Members were mailed a Notice because if the settlement is granted final approval by the Court, Class Members will have the right to be paid a share of the settlement funds. This action will be dismissed with prejudice, and Defendant will be released from all claims raised in or related to those actions including, among others, claims under California’s wage and hour laws and claims under the federal Fair Labor Standards Act. The Class Representative and Class Counsel believe the proposed settlement is fair, adequate, and reasonable and in the best interest of the Plaintiff Class (as defined below). This Class Notice under the Important Documents tab informs you of the proposed settlement and its terms and your rights to participate in the proposed settlement or to object to the terms of the proposed settlement. This Notice as well as the FAQ’s on this site explain how you can obtain more information about the settlement.

WHO IS INCLUDED? (Class Definition)

The Lawsuit is being settled as a “class action.” In a class action, the plaintiff, also referred to as class representative, sues on behalf of himself and other persons with similar claims.

The Court has certified a class in this Lawsuit. The class (“Plaintiff Class”) is defined as follows: The Plaintiff Class is comprised of all persons who, at any time from October 29, 1997 through and including April 23, 2009 (the “Class Period”), have been or were employed or are currently employed in an hourly (or non-exempt) position by Lowe’s HIW, Inc. in Lowe’s retail stores in the State of California.

If the Court approves the settlement, the settlement will bind all members of the Plaintiff Class who have not excluded themselves from the Plaintiff Class. If the Court does not approve this settlement, all current members of the certified class will remain class members, but the Settlement Agreement will have no effect or precedential value in any subsequent proceedings in the Lawsuit or in any other litigation.