Class Actions

The attorneys at Palay Hefelfinger APC have handled numerous class action matters.  This page is devoted to providing very general information about pending or recent class action cases handled by the firm.  For more detailed inquiries, please call Palay Hefelfinger directly.


Pending Class Action Cases


Bankwitz v. Ecolab Inc.

(U.S. District Court, N.D. Cal. Case No. 3:17-cv-02924-EMC)

Case Overview:

This is a proposed class action case (and related group of arbitrations) initially filed in May of 2017. The Plaintiffs are or were employed by Ecolab as "Territory Managers" or "Hospitality Territory Managers" (TM).  Plaintiffs allege, in part, that Ecolab failed to pay them overtime as required by California law, because the TM position does not qualify for an exemption under the law.

This case potentially involves anyone who was a TM or HTM for Ecolab in California between May of 2013 to the present, and who wishes to join.  

View the filed Complaint.

If you believe you may be a class member in this case (Ecolab TM or HTM), and you would like more information from our firm, please complete the form below so we can contact you.

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Miner v. Ecolab Inc.

(U.S. District Court, C.D. Cal. Case No. 2:17-cv-02313-FMO-JC)

Case Overview:

This is a proposed class action case (and related group of arbitrations) initially filed in March of 2017. The Plaintiff was employed by Ecolab, who paid the Plaintiff using its Revenue Per Hour (RPH) compensation structure. Plaintiff alleges, in part, that Ecolab failed to pay him overtime as required by California and Federal law, because the Revenue Per Hour compensation structure causes the payment of overtime wages at a rate that is below that required by California and Federal laws.

Putative (Potential) Class Members include:

This case involves anyone paid under the Revenue Per Hour compensation plan throughout the Country, including without limitation those Ecolab employees in California in its pest elimination and institutional divisions. The class period for California employees is March 24, 2013 to the present. The class period for non-California employees is either two or three years before March 24, 2017 through the present.

View the filed Complaint.

If you believe you may be a class member in this case, and you would like more information from our firm, please complete the form below so we can contact you.

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Name
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Fuller v. ZEP Inc., et al

(U.S. District Court, N.D. Cal. Case No. 3:18-cv-02672-JCS)

This a national class-action case against ZEP brought by its outside salespersons, seeking damages for the unilateral and retroactive taking of salesperson accounts in violation of law.  After working years to obtain accounts for their employer, Plaintiffs allege that in an attempt to save money, ZEP engaged in the practice of unilaterally transferring these accounts to its inside salespersons to avoid payment of commissions.

This case has been filed as a national class action against ZEP and Acuity Specialty Products.  The case is pending in the United States District Court for the Northern District of California.  The case has not yet been certified as a class action.

View a copy of the filed Complaint.

If you believe you may be a class member in this case, and you would like more information from our firm, please complete the form below so we can contact you.

Name *
Name

Fritsch v. Swift Transportation

(San Bernardino County Superior Court Case No. CIVDS1518012)

Case Overview:

This is a CERTIFIED (as of Feb. 5, 2018) class action case filed in March of December of 2o15.  The Plaintiff seeks to represent all employees who worked as yard hostlers in California between December 7, 2011 and the present. Plaintiff alleges that he and those similarly-situated employees have not received full and correct pay for all hours worked.

Swift Transportation denies Plaintiff’s allegations and contends that it fully complied with California law. Swift Transportation also contends that Plaintiff may not bring his lawsuit as a class action or for the benefit of any employees other than himself.  The Court has not yet decided these issues.

Putative (Potential) Class Members include:

The court has certified the class, as of February 2018.  A copy of the certification order can be found here:

Feb. 5, 2018 Order Granting Class Certification

The class is defined as “All employees of Swift Transportation Co. of Arizona, LLC, who have worked in California between December 7, 2011 and the present as yard hostlers, who do/did not cross state lines in performance of their duties, and have not received full and correct pay for all hours worked.”

If you believe you may be a class member in this case, and you would like more information from our firm, please complete the form below so we can contact you.

Name *
Name
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Best Phone Number

Newell v. Ensign United States (California) Drilling Inc.

(Kern County Superior Court Case No. BCV-15-100367)

Case Overview:

This is a class action case initially filed in June of 2015.  The Plaintiffs are or were employed by Ensign as rig workers on California offshore platforms.  Plaintiffs allege, in part, that Ensign failed to pay them for all working time, including sleep time spent offshore.

This case potentially involves anyone who was an hourly employee off the California coast between June 22, 2011 to the present.  

View the filed Complaint.

If you believe you may be a class member in this case and you would like more information from our firm, please complete the form below so we can contact you.

Name *
Name

Harris v. Nerium International, LLC, et al.

(N.D. Cal. Case No. 3:18-cv-02877-EDL)

Case Overview:

This is a putative class action case initially filed in May of 2018.  The Plaintiffs are or were hired to be a Nerium "brand partner" in California.  Plaintiffs allege, in part, that Nerium and related entities/persons improperly classified the "brand partners" as independent contractors instead of as employees.

This case potentially involves anyone who was a Nerium "brand partner" in California between May of 2014 and the present day.  

View the filed Complaint.

If you believe you may be a class member in this case (i.e., you were a Nerium Brand Partner in California) and you would like more information from our firm, please complete the form below so we can contact you.

Name *
Name