What is the latest update?Last updated: July 10, 2018 at 0:24 am
Ecolab has moved to compel individual arbitration of the plaintiffs’ claims, which could result in there being no class action. If that happens, affected employees may contact our office for information about their rights. Call us at 805-641-6600.
Description of the Action
The above-entitled action has been brought by former Ecolab Inc. employees, Robert Bankwitz, William Jacobo, and Joshua Hernandez, who all are or were Territory Managers for Ecolab in California. Plaintiffs contend that Ecolab Inc. misclassified them and the class of territory managers as “exempt” from overtime and, consequently, failed to pay them and the class overtime wages.
They seek an order from the court finding that Territory Managers and Hospitality Territory Managers should be classified as hourly employees entitled to overtime pay rather than paid on a salary plus commission basis. They further seek reimbursement of unpaid overtime wages, interest thereon, and penalties for themselves and the class which they claim are owed them due to being misclassified as exempt employees not entitled to overtime.
This lawsuit is a continuation of Martino v. Ecolab, Inc.. Information about the Martino case can be found here: action for overtime for Ecolab territory managers.
Status of the Lawsuit and the Class
Plaintiffs filed their complaint on May 22, 2017. The class has not yet been certified by the court.
Information Regarding the Case
This case is currently being litigated in the United States District Court for the Northern District of California as case number 3:17-cv-02924-MEJ before the Honorable Edward M. Chen.
Important Case Documents
Second Amended Complaint
For more information, contact us at (805) 641-6600.