Storm Water Inspection & Maintenance Services wage-and-hour $500K settlement

Storm Water Inspection & Maintenance Services (SWIMS) has agreed to pay $500,000 as part of a settlement resolving a class action and Private Attorneys General Act (PAGA) lawsuit that accused the company of violating labor laws regarding employees’ breaks and wages. SWIMS disputes the allegations.

The settlement class includes SWIMS employees who worked in California from Nov. 17, 2016, through Oct. 11, 2022. Notices have been sent to the class.

Plaintiffs alleged in the lawsuit that SWIMS violated labor laws regarding providing meal periods and rest breaks; they also alleged the company did not pay overtime, minimum wages and proper wages owed upon employment termination. 

SWIMS was accused of similar violations under California’s PAGA law. Those allegations included that the company did not maintain required records or issue itemized wage statements. 

Storm Water Inspection & Maintenance Services claims it is “California’s most experienced storm water team” that works with municipalities and other government jurisdiction with the goal of reducing pollution in stormwater runoff that reaches coastlines and waterways, according to the company’s website. 

California’s Private Attorneys General Act authorizes employees to file lawsuits to recover civil penalties on behalf of themselves and other employees. The law was enacted in 2004, and was meant to help the state’s labor enforcement agencies, which could not meet the rising occurrences of labor code violations. Under PAGA, aggrieved employees receive 25% of civil penalties that are collected. The rest go to the state of California.

Of the $500,000 settlement fund, approximately $266,533 will be divided among class members. The rest will go to attorneys, litigation costs, the settlement administrator and to the Labor and Workforce Development Agency. 

The payment for each class member will be determined by an equation that factors in the number of pay periods the member worked at Storm Water Inspection & Maintenance Services.

Class members have until Jan. 14, 2023, to either object or exclude themselves from the lawsuit. Those who object to the settlement will still receive a payment, but the objection will be subject to the court’s discretion. A class member who files for exclusion will not receive a settlement payment, but retains the ability to bring forth their own legal action. 

A final approval hearing in the SWIMS class action settlement will be held March 9, 2023.

Class members do not need to do anything to receive a settlement payment.

Who’s Eligible

SWIMS employees who worked in California from Nov. 17, 2016, through Oct. 11, 2022

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Objection and Exclusion Deadline

01/14/2023

Case Name

Puglisi v. SWIMS, Case No. 30-2020-01175159-CU-OE-CXC, in the Superior Court of the State of California, County of Orange

Final Hearing

03/09/2023

Settlement Website

SwimsSettlement.com

Claims Administrator

Puglisi v. SWIMS
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
888-234-7088

Class Counsel

Sang J Park
PARK APC

Defense Counsel

Delia A Isvoranu
Sarah A Gilbert
DUANE MORRIS LLP