For Immediate Release - July 24, 2009

Home Depot Agrees to Pay Nearly $55,000 in Restitution and Assessments to Resolve Miscalculation of Vacation Benefits Claims

BOSTON - Attorney General Martha Coakley's Office and Georgia based Home Depot, U.S.A., Inc. (Home Depot) have reached an agreement to settle allegations the company did not properly calculate vacation benefits for some employees during part of 2005 through 2007. Under the terms of the agreement, Home Depot has agreed to pay a total of nearly $45,000 in restitution to 58 former employees as well as an assessment of $10,000 to the Commonwealth.

In spring of 2007, the Attorney General's Office received several complaints from former employees of Home Depot indicating that the company incorrectly paid earned vacation benefits upon the closing of the Home Depot's EXPO Design Center in Braintree. After being contacted by the Attorney General's Office, Home Depot cooperated fully with the investigation. As a result of the investigation, the company has agreed to pay a total of nearly $45,000 to the affected employees in order to resolve the complaints regarding the miscalculation of vacation benefits. Home Depot has also agreed to review its vacation policies for Massachusetts employees to ensure clarity and continuing compliance with Massachusetts law.

Under Massachusetts law, an employer is not required to offer vacation time to an employee, but if vacation time is offered to an employee, the employee must be compensated for the unused earned portion of the vacation time upon discharge. For more information please see the Attorney General's Advisory pdf format of Vacation Policies, 1999/1
on Vacation Policies.

The Attorney General's Fair Labor Division is responsible for enforcing the payment of wages laws in the Commonwealth. Employees who have questions about these laws should contact the Attorney General's Fair Labor Hotline at (617) 727-3465. More information about the state's wage and hour laws is available in multiple languages at the Attorney General's Workplace Rights website

The matter was handled by Assistant Attorney General Jocelyn B. Jones, Deputy Chief of the Fair Labor Division and Investigator Edward Minchello , also of Attorney General Coakley's Fair Labor Division.