Genesis Building Services, Eat My Dust wage-and-hour $600K class action settlement

Genesis Building Services and Eat My Dust agreed to a $600,000 wage lawsuit settlement to resolve claims they violated labor laws.

The settlement benefits all hourly, non-exempt and non-collectively bargained employees of Genesis Building Services and/or Eat My Dust who worked for the companies between Jan. 24, 2016, and Nov. 12, 2021.

Genesis Building Services janitorial and other maintenance services to facilities in various industries. Eat My Dust is another janitorial company that provides services in Northern California.

According to a class action lawsuit, Genesis Building Services and Eat My Dust both violate labor laws when paying janitorial staff. The plaintiff, who worked for the companies as a janitor for over two years between March 2017 and July 2019, says the companies fail to provide regular and overtime wages or proper meal and rest periods. 

The wage-and-hour class action lawsuit includes claims under California labor law and the California Private Attorney General Act (PAGA), which allows California workers to bring wage-and-hour claims against companies on behalf of the state’s Labor and Workforce Development Agency.

The class action lawsuit plaintiff says Genesis Building Services and Eat My Dust wrongfully fired her July 17, 2019, and brings individual claims against the companies alongside her class action allegations.

The defendants haven’t admitted any wrongdoing but agreed to pay $605,000 to resolve these allegations. 

The settlement will be paid in installments; $205,000 is already in the settlement fund, while two additional payments of $200,000 will be deposited Aug. 15, 2022, and Sept. 30, 2023.

Under the terms of the wage settlement, class members can receive a cash payment in two installments. 

Payments will vary depending on the number of workweeks each class members worked during the class period, with higher proportional payments going to class members who worked more during the class period. Class members may have received a payment estimate with their mailed settlement notice.

The settlement includes a $25,000 PAGA allocation, 75% of which will be paid to the California Labor and Workforce Development Agency. The remaining 25% will be used to fund class member payments.

The deadline for exclusion and objection is Sept. 19, 2022. 

The final approval hearing for the wage settlement is scheduled for Dec. 15, 2022.

No claim form is required to receive benefits from the settlement. However, Class Members who wish to dispute their settlement payment can dispute their estimated payment amount by Sept. 19, 2022.

Who’s Eligible

The settlement benefits all hourly, non-exempt and non-collectively bargained employees of Genesis Building Services and/or Eat My Dust who worked for the companies between Jan. 24, 2016, and Nov. 12, 2021.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Exclusion and Objection Deadline

09/19/2022

Case Name

Almidia Esteban Melendez, et al. v. Genesis Building Services Inc. and Eat my Dust Inc., et al., Case No. 20-CIV-00453, in the Superior Court of the State of California for the County of San Mateo

Final Hearing

12/15/2022

Settlement Website

CPTGroupCaseInfo.com/GenesisBuildingSettlement

Claims Administrator

Melendez v. Genesis Building Services, et. al. Settlement
c/o CPT GROUP INC.
50 CORPORATE PARK
IRVINE, CA 92606
888-281-3945

Class Counsel

Arlo Uriarte
LIBERATION LAW GROUP PC

Defense Counsel

Jeanine D DeBacker
MCPHARLIN SPRINKLES & THOMAS LLP