Facts

Doug Miner worked as a Service Specialist for Ecolab Inc. As such, he was paid under the Service Specialist Non-Exempt Incentive Compensation Plan. On March 24, 2017, Miner filed a lawsuit against Ecolab asserting both class action claims and claims for California Private Attorney General Act (PAGA) penalties. Miner's non-PAGA claims were compelled to individual arbitration, and other current and former Ecolab employees also filed individual arbitration demands, alleging the same or similar claims as to those alleged by Miner. The arbitrators issued final awards in Ecolab's favor in two purely Fair Labor Standards Act cases heard in Hawaii, and summary judgment in Ecolab's favor as to the lawfulness of the Service Specialist Non-Exempt Incentive Compensation plan in an additional twelve cases in California.

PLAINTIFF'S CONTENTIONS: Plaintiff Miner specifically claimed that defendant: failed to pay overtime compensation due; failed to pay overtime compensation under the Fair Labor Standards Act; failed to provide itemized wage statements; and failed to pay wages upon termination of employment. Moreover, Plaintiff Miner also claimed defendant violated unlawful competition and business practices laws, and other PAGA-based violations. Plaintiff later added claims for failure to: pay minimum and doubletime wages; pay regular wages timely; maintain accurate records; provide legally compliant meal and rest breaks; pay reporting time and split time wages and reimburse business expenses.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions, not admitting to any wrongdoing or violating any laws. None of the arbitration cases resulted in any finding that Ecolab had engaged in any unlawful activity or in any monetary awards to the claimants.

Result

Case settled for up to $181,687.50, inclusive of attorneys' fees, to resolve the class action claims and claims for PAGA penalties of more than 350 class members.