What is the latest update?

Last updated: July 10, 2018 at 0:25 am

The court granted final approval of the settlement on February 1, 2017. A copy of the order is embedded below. Checks were mailed out on March 28, 2017, according to schedule.

Our firm has filed a follow-up case to this action. The new action is called Bankwitz v. Ecolab Inc.  The proposed class in Bankwitz is the same as that in Martino. Find information about the Bankwitz Ecolab territory manager overtime lawsuit case here.

Final Approval Order


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Description of the Action

The above-entitled action has been brought by former Ecolab Inc. employees, John Martino and Adonis Amoroso. Mr. Martino and Mr. Amoroso contend that Ecolab Inc. misclassified them and the class 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.

Status of the Lawsuit and the Class

On February 16, 2016, the Court ruled that this lawsuit may be maintained as a class action on behalf of specific past and present employees of Ecolab Inc. Here is a copy of the Order granting class certification in the case:


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 CV14-04358 PSG.