Total Staffing Solutions wage-and-hour $250K class action settlement

Total Staffing Solutions will pay $250,000 to resolve class action lawsuit claims it violated Illinois wage-and-hour laws by failing to pay earned vacation pay.

The wage-and-hour lawsuit settlement benefits current and former employees of Total Staffing Solutions in Illinois who worked between 200 and 1,800 hours of compensated work during any calendar year between Jan. 1 and Dec. 31, 2017, and who did not receive a pro rata share of vacation pay plan for this period.

Total Staffing Solutions is a staffing company that offers temporary, temp-to-hire and direct-hire placements for its clients. The company also provides employment-related services such as background checks, drug screening and safety orientations.

According to a class action lawsuit against the company, the company violates the Illinois Wage Payment and Collection Act (IWPCA) by failing to pay its employees all the vacation pay they earned while working. Under the company’s former policy, employees were allegedly entitled to a pro rata share of Total Staffing Solutions’ vacation pay plan. The company has since stopped using this vacation policy.

The company hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $250,000 class action settlement.

Under the terms of the settlement, class members can receive a cash payment based on the number of hours they worked during the class period. 

Each hour worked will result in an estimated payment of $0.04, though hourly payments could be as high as $0.19. For example, if an employee worked 1,500 hours during the class period, their payment would be around $60 based on $0.04 hourly payments, or $285 based on $0.19 hourly payments.

Payments from the settlement will be considered statutory damages for tax purposes and will result in a 1099 tax form. Class members may wish to consult with a tax professional about these payments.

The deadline for exclusion and objection is Oct. 31, 2022. 

The final approval hearing for the settlement is scheduled for Dec. 14, 2022.

In order to receive settlement benefits, class members must submit a valid claim form by Oct. 31, 2022.

Who’s Eligible

The settlement benefits current and former employees of Total Staffing Solutions in Illinois who worked between 200 and 1,800 hours of compensated work during any calendar year between Jan. 1 and Dec. 31, 2017, and who did not receive a pro rata share of Total Staffing Solutions vacation pay plan for this period.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/31/2022

Case Name

Maldonado, et al. v. Total Staffing Solutions Inc., Case No. 2017 CH 01786, in the Circuit Court of Cook County, Illinois County Department, Chancery Division

Final Hearing

12/14/2022

Settlement Website

Total-Settlement.com

Claims Administrator

Maldonado v Total Staffing Solutions, Inc.
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
[email protected]
888-220-6629

Class Counsel

Christopher J Williams
WORKERS LAW OFFICE PC

Defense Counsel

Danielle Gould
Christopher E Kentra
BURKE WARREN MACKAY & SERRITELLA PC