in Newswire Published on July 28, 2025

Home Depot Facing Class Action Lawsuit Over Allegedly Illegal Use of Non-Compete Clauses

Sell v. Home Depot, Inc. et al.

Filed: July 17, 2025 ◆§ 2:25-cv-01297

A class action lawsuit claims some Washington Home Depot locations have violated the state's anti-non-compete law.

Defendant(s)

Home Depot U.S.A., Inc. The Home Depot, Inc. Home Depot Store Support, Inc. Home Depot Product Authority, LLC Home Depot Management Company, LLC Home Depot Incentives, Inc.

Law(s)

State(s)

Washington

Categories

Civil Rights Retail Wage and Hour

A proposed class action lawsuit claims that certain Washington Home Depot locations have illegally restricted the ability of low-wage employees to work secondary jobs to earn additional income.

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According to the 10-page lawsuit, Washington's non-compete law prohibits an employer from restricting or restraining an employee who earns less than twice the applicable state hourly minimum wage from having an additional job, whether that entails working for another employer, as an independent contractor, or being self-employed.

The state law, which applies to both written and oral agreements, was put in place in recognition of the fact that multiple sources of income are often necessary for low-wage workers to earn an overall livable wage, the filing explains. According to the case, the statute stipulates that if an employer truly does not wish to allow an employee to hold an additional job, they must pay that worker at least twice the applicable state minimum hourly wage.

In spite of this, the lawsuit alleges that Home Depot and many of its subsidiary brands that operate in Washington have subjected employees to various written and oral non-compete agreements despite failing to pay them at least twice the state minimum wage, in violation of Washington civil rights law.

The Home Depot class action lawsuit seeks to represent all current and former employees who worked in Washington and earned less than twice the state minimum hourly wage starting on June 17, 2022 for one or more of the following Home Depot businesses:

Home Depot, Inc.;
Home Depot U.S.A., Inc.;
Home Depot Store Support, Inc.;
Home Depot Product Authority, LLC;
Home Depot Management Company, LLC; and
Home Depot Incentives, Inc.

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