Ecolab wage-and-hour $180K class action settlement

Ecolab agreed to pay over $180,000 as part of a lawsuit settlement to resolve claims it violated labor laws by failing to properly pay its workers overtime wages and provide other benefits.

The settlement benefits individuals employed by Ecolab in California as a service specialist or senior service specialist between March 24, 2013, and July 7, 2022. Workers who filed individual lawsuits or arbitration demands for individualized claims are not included in this settlement.

Ecolab is a water, hygiene and infection-prevention company that partners with over 40 industries, such as healthcare, food production and manufacturing. 

However, the company may fail to properly pay its workers.

According to a class action lawsuit, Ecolab fails to pay its service specialists in California the overtime wages they are owed under state and federal laws. The company allegedly pays its workers under its Service Specialist Non-Exempt Incentive Compensation Plan, which fails to pay minimum wages and overtime wages, pay wages upon termination, provide accurate wage statements and more. 

The wage-and-hour class action lawsuit includes claims under California labor laws, the federal Fair Labor Standards Act (FLSA), and the California Private Attorneys General Act (PAGA) — a law that allows workers to bring claims against employers on behalf of the state’s labor authority.

Ecolab hasn’t admitted any wrongdoing but agreed to pay $181,687.50 to resolve these class action allegations.

The settlement includes a $25,000 payment to the California Labor Workforce and Development Agency under PAGA. Of this payment, 75% will go to the agency while the remaining 25% will be used to distribute settlement payments.

Under the terms of the settlement, class members can collect a cash payment based on the amount of workweeks they were employed with Ecolab. Exact payments will vary, but class members who worked more workweeks during the class period will receive a higher share of the settlement fund.

Class members who were employed by Ecolab as service specialists between March 24, 2014, and July 7, 2022, are eligible for an additional FLSA settlement share of $50.

Each payment from the settlement will be considered 50% wages and 50% penalties and interest. Wage portions of payments will result in a W2 tax form while the remaining payment will result in a 1099 tax form. 

Class members are responsible for the tax consequences of these payments and may want to consult a tax advisor.

The deadline for exclusion and objection is Oct. 10, 2022. 

The final approval hearing for the Ecolab lawsuit settlement is scheduled for Nov. 10, 2022.

Class members do not have to submit a claim form to receive an individual settlement payment. 

However, in order to receive a FLSA settlement share, class Members must submit an FLSA opt-in form by Oct. 10, 2022.

Who’s Eligible

The settlement benefits individuals employed by Ecolab in California as a service specialist or senior service specialist between March 24, 2013, and July 7, 2022. Workers who filed individual lawsuits or arbitration demands for individualized claims are not included in this settlement.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Opt-in 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.

Opt-in Form Deadline

10/10/2022

Case Name

Final Hearing

11/10/2022

Settlement Website

PestServiceSpecialistSettlement.com

Claims Administrator

Miner et al. v. Ecolab Inc
P.O. Box 26170
Santa Ana, CA 92799
888-369-3780

Class Counsel

Alejandro P Gutierrez
HATHAWAY PERRETT WEBSTER POWERS CHRISMAN & GUTIERREZ APC

Daniel J Palay
Brian D Hefelfinger
PALAY HEFELFINGER APC

Michael A Strauss
Aris Karakalos
STRAUSS & STRAUSS APC

Defense Counsel

Michael J Gray
JONES DAY