Home Depot Lawsuit 2026, Washington State: The Moonlighting Case
Active Litigation
The Home Depot lawsuit 2026 Washington State searches point to is Sell v. Home Depot, a federal class action in Seattle. It alleges Home Depot barred low-paid Washington workers from holding second jobs. As of October 13, 2026 a class-certification motion for more than 21,000 workers and a Home Depot motion for summary judgment are pending. There is no settlement, no fund and no claim form.
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What the Washington Lawsuit Says
Washington has a specific rule for low-wage workers. Under RCW 49.62.070, an employer may not restrict an employee earning less than twice the state minimum hourly wage from having an additional job, working as an independent contractor or being self-employed. There are exceptions for safety and for interference with the employer's reasonable scheduling expectations.
The lawsuit, brought by a former retail worker, alleges that Home Depot's outside-employment policies broke that rule for its lowest-earning Washington employees. Home Depot disputes the case. In an August 2026 motion it asked the court, as Law360 reported, to end the case before trial. None of the allegations has been proven.
Case details
The worker case: Sell v. Home Depot Inc, No. 2:25-cv-01297, U.S. District Court for the Western District of Washington (Seattle), before Judge Lauren King. It reached federal court on removal on July 10, 2025. The defendants are Home Depot Inc. and five affiliates, including Home Depot U.S.A., Home Depot Store Support and Home Depot Management Company.
A second, separate Washington case: Perkins v. Global Custom Commerce Inc, No. 2:25-cv-01750, before Judge Richard A. Jones, names Home Depot U.S.A. as a defendant and lists the State of Washington as a party. On September 23, 2026 the judge paused it until the Ninth Circuit decides an appeal the order calls “Montes II.” Per the law firm Mintz, the Ninth Circuit appeal Montes v. Penney OpCo concerns Washington's commercial email law (CEMA), which bars misleading email subject lines. We have not confirmed what claims Perkins itself raises.
An older consumer case, Liu v. Home Depot USA Inc, No. 2:23-cv-01217, before Judge James L. Robart, closed on October 2, 2024.
Status: Two Motions Pending, No Settlement
In Perkins, Home Depot's motion to dismiss was denied without prejudice on September 23, 2026, and the case is stayed. The parties must file a joint status report within 14 days of the Ninth Circuit's decision.
There is no settlement, no fund, no administrator, no claim form and no deadline in either case.
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Who Could Be Covered
The worker case is about current and former Home Depot employees in Washington who earned less than twice the state minimum hourly wage and were subject to the outside-job restrictions. The certification motion describes more than 21,000 such workers, per Law360. Home Depot reported 48 stores in Washington in its latest annual report.
You do not sign up. If Judge King certifies a class, members get an official notice with the chance to opt out. If she denies certification, the case continues only for the named worker.
Shoppers are not part of Sell. The Perkins email case is paused, and no class has been certified there either.
Is There Money, and How Much?
For context only: Washington's noncompete statute, RCW 49.62.080, provides that a court or arbitrator that finds a noncompetition covenant unlawful must award the greater of actual damages or a statutory penalty of five thousand dollars, plus attorneys' fees. That remedy currently covers noncompetition covenants; a version effective June 30, 2027 extends it to any violation of the chapter. Whether any such remedy reaches class members in Sell is for the court to decide, and Home Depot is contesting liability.
For the email case, Washington's CEMA now sets recipient damages at $100 or actual damages, whichever is greater, after a 2026 amendment. Plaintiffs in these cases argue they are entitled to more, per Mintz.
How cases like this one end
Our copy of the federal courts’ own case database covers 182,728 other civil rights casesclosed in U.S. federal district courts between 2015 and 2026, 1.2% of them filed as class actions:
- 19% ended in a settlement recorded by the court. Another 9.1% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 19% and 28.1%.
- 15.1% were decided on a motion before any trial.
- 1 in 63 reached a trial (1.6%), after a median of 31.2 months.
- Median time from filing to the end of the case: 7 months.
- Only 1,316 of them (0.7%) record a money award at all; the median of those is $248,500.
These are base rates for this type of case (federal other civil rights cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Home Depot Washington Lawsuit Timeline
July 10, 2025 — Worker Case in Federal Court
Sell v. Home Depot, No. 2:25-cv-01297, lands in the Western District of Washington on removal and is assigned to Judge Lauren King.
March 6, 2026 — Paused for Mediation
Judge King stays deadlines through a mediation set for April 27, 2026. No settlement follows.
June 18, 2026 — Class Certification Motion
The worker asks the court to certify a class of more than 21,000 current and former low-income Washington employees.
August 5, 2026 — Home Depot Seeks Early Win
Home Depot moves for summary judgment, asking the court to end the case before trial. Briefing closes on September 2, 2026.
September 23, 2026 — Email Case Paused
In Perkins, No. 2:25-cv-01750, Judge Richard A. Jones stays the case until the Ninth Circuit rules in Montes II.
As of October 13, 2026 — Waiting on Rulings
No ruling on class certification or summary judgment appears on the docket. No settlement, fund or claim form exists.
Three Things to Watch For
A search spike with no claim form behind it is when fake “sign-up” offers appear:
“Claim your Home Depot Washington payout” forms
There is no settlement and no claims site in either Washington case. A page asking for your Social Security number or employee ID to “reserve your share” is collecting data, not filing anything.
“You are owed $5,000” messages
The five thousand dollar figure is a statutory penalty in Washington's noncompete chapter, not an amount owed in Sell. Nobody has been awarded anything in Sell, and no legitimate administrator asks for a fee to release it.
Refund offers for the state’s refrigerant fine
Washington's Department of Ecology fined Home Depot $1.6 million in 2024 for selling banned R-134a refrigerant. That was a state penalty, not a customer refund. Anyone offering buyers a share of it is not legitimate.
Home Depot Washington Lawsuit — Questions People Actually Ask
Short answers to the questions people ask most about this case.
Is there a lawsuit against Home Depot in Washington State?
Yes. The main one in 2026 is Sell v. Home Depot Inc, No. 2:25-cv-01297, a proposed worker class action in federal court in Seattle over second-job restrictions. A separate case, Perkins v. Global Custom Commerce Inc, No. 2:25-cv-01750, also names Home Depot U.S.A. and has been stayed since September 23, 2026.
How can I join The Home Depot class action lawsuit?
You cannot sign up. As of October 13, 2026, no class has been certified and nothing has settled. If Judge King certifies a class, members receive an official notice and are included automatically unless they opt out. A lawyer's intake form is a retainer, not class registration.
What is the amount of The Home Depot class action payout per person?
There is no payout amount, because there is no settlement. Washington law sets a statutory penalty of five thousand dollars (or actual damages, if greater) for unlawful noncompetition covenants, and a version effective June 30, 2027 extends it to any violation of the chapter, but no court has found a violation in this case.
Who would be in the class?
Per Law360, the motion seeks a class of more than 21,000 current and former Home Depot workers in Washington. These are low-income employees allegedly barred from working additional jobs. The statute protects workers earning less than twice the state minimum hourly wage.
Did Washington State fine Home Depot?
Yes, in a separate environmental matter. On June 27, 2024 the Department of Ecology announced a $1.6 million penalty for selling banned R-134a refrigerant. Home Depot sold 1,058 units in Washington between April 12, 2022 and September 5, 2023. Home Depot's annual report says it resolved and paid the penalty. Customers were not paid anything.
Is this the same as the Home Depot Flock camera lawsuit?
No. The license-plate camera litigation is a separate case in California. Its status is on our Home Depot Flock lawsuit page. Nothing on this page depends on it.
When will there be a decision?
There is no set date. Both the class-certification motion and the summary-judgment motion were fully briefed by September 2, 2026. If Home Depot wins summary judgment, the class question may never be reached. If the worker wins certification, class members would be notified.
What is worth doing right now if I work or worked at a Washington Home Depot?
Keep anything showing the outside-job rules you were given, such as policy acknowledgments, handbook pages and messages, along with your pay records. Watch for an official notice by mail or email. Do not pay anyone to “join.”
About This Information
- Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated
- $236 billion in real payouts analyzed · See what we found
This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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