Home Depot Lawsuit: Low-Wage Workers Allegedly Restricted from Side Jobs

Case Overview: A class action lawsuit claims Home Depot illegally blocks low-wage employees in Washington from working second jobs, freelancing, or running their own businesses, violating state labor protection laws.

Consumers Affected: Current and former Home Depot employees in Washington state who earned less than twice the minimum wage and were restricted from working additional jobs since June 2022.

Court: Superior Court of the State of Washington in and for the County of King

Home Depot illegally blocks low-wage employees from working second jobs, freelancing, or running their own businesses in Washington State, a new lawsuit alleges.

The lawsuit claims the retail giant enforced these restrictions despite paying workers less than twice the state minimum wage, something Washington law explicitly forbids.

Filed by former employee Duane Sell, the lawsuit alleges Home Depot violated state labor protections aimed at promoting economic mobility and safeguarding the rights of workers struggling to make ends meet.

Lawsuit Claims Home Depot Barred Workers from Second Jobs

Sell, who lives in Snohomish County and previously worked for Home Depot in Washington, says he and over 40 other employees were subjected to either written or spoken agreements that limited their ability to supplement their income. 

These policies allegedly blocked them from picking up part-time jobs, taking freelance gigs, or pursuing self-employment, despite earning wages that qualified them as low-income under state law.

According to the lawsuit, these restrictions caused both financial and emotional harm, as workers were denied the chance to improve their economic situations.

Home Depot's Practices Impact Workers' Economic Mobility

The lawsuit cites Washington’s 2020 non-compete law, which protects workers earning less than twice the state minimum wage from employment restrictions that limit their ability to take on side jobs. The law recognizes that many low-wage workers need multiple sources of income to survive, and employers who want exclusivity must pay a premium.

Under the law, it’s illegal for companies to restrict workers in this wage category from seeking additional employment. The lawsuit argues that Home Depot’s practices directly violate this statute and asks the court to enforce the law by awarding damages and stopping the company from continuing the practice.

Other Major Retailers Face Legal Challenges Over Labor Practices

Home Depot isn’t the only company facing legal heat over labor practices. Walmart is battling a lawsuit in Illinois that alleges racial discrimination in hiring at one of its distribution centers. The lawsuit claims the company disproportionately rejected Black applicants with criminal records, while hiring non-Black candidates with similar backgrounds.

Amazon is also defending multiple lawsuits. In Washington, it’s accused of using unlawful non-compete language and withholding wage information. In California, the company faces claims that it failed to pay workers for mandatory pre-shift training. And in New Jersey, Burlington Stores recently agreed to a $5.2 million settlement over unpaid overtime for assistant managers.

The lawsuit against Home Depot aims to represent all current and former Washington state employees who earned less than twice the minimum wage and were restricted from working additional jobs since June 2022. The plaintiffs are seeking $5,000 per worker in statutory damages, plus legal costs and a court order stopping the company from continuing the practice.

Case Details

• Lawsuit: Sell v. Home Depot, Inc., et al.
• Case Number: 2:25-cv-01297-LK
• Court: Superior Court of the State of Washington in and for the County of King

Plaintiffs' Attorney:

• Timothy W. Emery, Patrick B. Reddy, Paul Cipriani, and Hannah M. Hamley (Emery Reddy, PLLC)

Do you or someone you know work at Home Depot? Let us know your experience in the comments below.