ABM Industries Wage and Hour $2.3M Class Action Settlement

ABM Industries agreed to pay $2.3 million to resolve claims it violated California labor law by failing to pay proper wages.

The settlement benefits a Class of Californian, non-exempt ABM employees who were hired since Oct. 14, 2015. This Class includes the following Subclasses:

• Wage Statement Subclass: Class Members who worked for the company since Oct. 14, 2018
• Former Employee Uniform Deposit Subclass: Class Members who separated from ABM Industries between June 4, 2014, and May 7, 2021, after paying a uniform deposit
• Current Employee Uniform Deposit Subclass: Class Members who were actively employed by ABM as of May 7, 2021, and paid a uniform deposit
• Supervisor Meal and Rest Break Subclass: Class Members who worked as supervisors or leads since Oct. 14, 2015. This includes positions with “Manager,” “Supervisor,” “Lead,” or “Foreperson” in the job description.
• PAGA Settlement Group: Class Members employed by ABM Industries after Aug. 28, 2017

AMB Industries is a multifaceted company that provides energy, mechanical, janitorial, landscaping, transportation, and speciality services, according to its website. The company services a number of industries, such as government, aviation, banking, education, parking, sports, healthcare, and more.

According to plaintiffs in a labor class action lawsuit, ABM Industries violates California labor law by failing to pay minimum and overtime wages, failing to provide proper meal and rest breaks or premium pay in lieu of breaks, and numerous other actions. These violations allegedly resulted in accurate wage statements and other consequences.

ABM Industries hasn’t admitted any wrongdoing but has agreed to pay $2.3 million to resolve these allegations.

Class Members can benefit from the settlement, though payments may vary depending on any Subclass they qualify for. The tax classification of payments will vary depending on the type of payments received.

All Class Members can receive a payment of $21 plus an additional $10 if they opt into the Fair Labor Standards Act (FLSA) collective action. 

Members of the Supervisor Meal and Rest Break Subclass can receive $20 for each pay period worked during the Class period. These payments are classified as 60 percent wages and 40 percent interest in terms of taxes.

Wage Statement Subclass Members can receive an additional $50 payment. 

Former Employee Uniform Deposit Subclass Members qualify for an additional $50 payment. These payments are classified as 0 percent wages in terms of taxes.

Current Employee Uniform Deposit Subclass Members are automatically enrolled in the PAGA settlement group. The Private Attorneys General Act (PAGA) settlement group is eligible for 25 percent of the total PAGA payment paid by ABM Industries. Members of this group will receive an equal share of this 25 percent.  These payments are classified as 0 percent wages in terms of taxes.

The deadline for exclusion and objection is March 22, 2022. 

The final approval hearing for the settlement is scheduled for April 4, 2022, though the settlement website notes that this meeting could be postponed.

In order to receive a payment from the settlement, Class Members must submit a valid claim form by March 22, 2022.

Who’s Eligible

The settlement benefits a Class of Californian, non-exempt ABM employees who were hired since Oct. 14, 2015. This Class includes the following Subclasses:

• Wage Statement Subclass: Class Members who worked for the company since Oct. 14, 2018
• Former Employee Uniform Deposit Subclass: Class Members who separated from ABM Industries between June 4, 2014, and May 7, 2021, after paying a uniform deposit
• Current Employee Uniform Deposit Subclass: Class Members who were actively employed by ABM as of May 7, 2021, and paid a uniform deposit
• Supervisor Meal and Rest Break Subclass: Class Members who worked as supervisors or leads since Oct. 14, 2015. This includes positions with “Manager,” “Supervisor,” “Lead,” or “Foreperson” in the job description.
• PAGA Settlement Group: Class Members employed by ABM Industries after Aug. 28, 2017

Potential Award

Varies

Proof of Purchase

 CPT ID and Passcode

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

03/22/2022

Case Name

Artiga et al v. ABM Industry Groups, LLC, Case No. 2:19-cv-06735-GW-RAO, U.S. District Court, Central District of California, Western Division

Final Hearing

04/04/2022

Settlement Website

ABMIndustrySettlement.com

Claims Administrator

Artiga, et al v. ABM Industry Groups, LLC
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
888-694-2457

Class Counsel

Alan Harris
Priya Mohan
HARRIS & RUBLE

Defense Counsel

Daniel F. Fears
Laura Fleming
Robert T. Matsuishi
PAYNE & FEARS LLP