Ecolab Inc.’s attempt to knock out a class action brought by California employees in its Institutional Division has failed. On Thursday, September 26, 2013, the San Francisco County Superior Court issued a ruling denying Ecolab’s Motion for Summary Judgment. In the motion, Ecolab sought to have the court issue a ruling that plaintiffs and the class were ineligible for overtime pay based on three exemptions: the outside salesperson exemption, the commissioned salesperson exemption, and the haz/mat exemption. The court, after an all-day hearing, denied Ecolab’s motion on all grounds.
The suit, Icard v. Ecolab Inc., seeks unpaid wages for all of the approximately 250 non-exempt Route Managers and/or Route Sales Managers who have worked in California within four years of the filing of the original complaint (i.e., back to December 21, 2005), do not cross state lines in the performance of their duties, and have not received full and correct pay for all hours worked and have not received accurate paycheck stubs. The wages sought include, but may not be limited to, unpaid overtime. The plaintiffs additionally seek interest on all wages owed, penalties under Labor Code sections 203 and 226, and their attorneys’ fees and costs.