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 or use our Contact Form.
Pending Class Action Cases
Case Overview
This is a class action case that was filed in August 2022. The Plaintiffs' employed by the Defendants allege that each was not fully reimbursed for business expenses incurred (for things such as travel, hotel, etc.) or provided with all lawful meal periods or travel time pay.
This case potentially involves anyone employed by OLAM Americas, Inc. as an agricultural worker between August of 2018 and the present day, and who wishes to join.
July 2023 update:
We are currently engaged in discovery as well as potential settlement negotiations with the Defendants, with the assistance of a professional mediator scheduled for late summer. If a potential resolution is reached, a notice of proposed class settlement will be issued to those potentially-affected employees.
January 2024 update:
OLAM has removed the action to federal court. We are in the process of filing a Motion for Remand, to attempt to send the case back to the Kern County Superior Court. The Motion for Remand is pending.
If you believe you may be a class member in this case - an hourly agricultural worker - and you would like more information from our firm, please complete the form below so we can contact you.
Case Overview
This is a class action case that was filed in August 2023. The Plaintiff, an infusion nurse, employed by the Defendants alleges that she and other on-call health care workers were not properly paid for all on-call time or for off-the-clock work, did not receive all lawful meal and rest periods in a fully duty-free fashion, did not receive correct reporting time pay, and did not receive lawful wage statements.
This case potentially involves anyone employed by Option Care Enterprises, Inc. as an hourly employee who renders health care services and is subject to on-call time, between August of 2019 and the present day, and who wishes to join.
Please use our Contact Form for questions or inquiries.
August 2023 update:
The Complaint has been filed and we are actively investigating the claims and defenses in the matter. In addition, the California Labor and Workforce Development Agency (LWDA) has been notified of the potential violations that the aggrieved employees have experienced.
January 2024 Update:
The case has been removed to the United States Federal Court for the Central District of California, and assigned the case number CV 23-09992-SK. The parties have been ordered to attend private mediation, which is scheduled to be completed in August of 2024. At the mediation, efforts will be made to resolve the case for payment of the wages owed, in light of the risks and merits of the litigation. For any questions about status, please use the Contact Form on our website.
If you believe you may be a class member in this case - an hourly health care worker - and you would like more information from our firm, please complete the form below so we can contact you.
Case Overview
This case involves persons who were provided as drivers to Defendant Apria Healthcare, by intermediate agencies or courier “broker” companies, between November 1, 2016 and the present, and who were potentially misclassified as independent contractors (i.e., were not paid as W-2 employees by Apria). It is alleged that wages, reimbursement, overtime, and other amounts are owed to these couriers.
February 2024 - KEY VICTORY! - Update:
The Court has GRANTED the Plaintiffs’ Motion for Summary Adjudication getting rid of Apria’s main defense, ruling that the courier driver Class Members were not employees. This means, as a matter of law, all of these workers were misclassified and should be treated as employees of Apria.
CLICK HERE for a copy of the Court’s detailed ruling.
This is a major victory in the litigation. Up next, a trial setting conference will occur and the parties will present their trial plans to the Court.
July 2023 update:
On July 5, 2023, the Court of Appeal agreed with Plaintiff Quintero and ruled that the trial court's denial of Defendant Apria's motion to compel arbitration was proper. This means that the action will remain in court for the time being, and Class Counsel intends to resume the litigation seeking all wages owed promptly. This will include seeking summary adjudication of the defense that Apria has raised, arguing that its workers are "independent contractors" rather than employees who are entitled to the protections of the Labor Code. It is anticipated that the trial court will be in a position to rule on Plaintiff Quintero's summary adjudication motion later this summer or fall.
December 2022 update:
In November of 2021, Defendant Apria attempted to compel the matter to arbitration, and the trial court denied its motion. Following that, Apria has filed an appeal which the parties are contesting. All briefing with the Court of Appeal (Second District) has been filed, and the parties are awaiting a date for oral argument.
Once the Court of Appeal rules whether or not the trial court correctly denied arbitration, we will be in a position to update class members about the next steps in the case.
September 2021 update:
On September 14, 2021, the Los Angeles Superior Court entered an order GRANTING class certification.
The certified class consists of :
All persons who were provided as drivers to Defendant [Apria] by Spoke Logistics, LLC, Fed Med Delivery, LLC, and Johnson Pickup & Delivery LLC, between November 1, 2016 and September 14, 2021, and who were not paid as W-2 employees by Apria. The class does not include any Federal Express (FedEx) drivers.
A copy of the Court’s Ruling on Motion for Class Certification is linked here
A further status conference was set for November 2021. In addition, a Notice of Class Certification was mailed out to potentially affected class members.
If you believe you may be a class member in this case - a misclassified courier / driver - and you would like more information from our firm, please complete the form below so we can contact you.
Prior Class Action Cases
Bankwitz v. Ecolab (CA Territory Manager case)
Flores v. Rentokil N.A. (Pest Technician case)
Fritsch v. Swift Transportation (CA Yard Hostler case)
Helling v. Hygiena LLC (Unpaid wage and premiums case)
Fuller v. ZEP (Outside Salesperson case)
Newell v. Ensign U.S. (California) Drilling (CA Offshore Platform case)
Boudreau v. Primeritus Financial Services, Inc. (Minimum Wage and Rest Periods Case)
Case Overview: This is a class action case that was filed in September 2018. The Plaintiff’s employed by the Defendants allege that each was not fully reimbursed for business expenses or provided with lawful rest periods.
This case potentially involves anyone was employed by AEM PRO, A California corporation; Fast Undercar, INC, and Parts Authority Metro, LLC between September 2014 to the present, and who wishes to join.
November 2020 update:
We are currently engaged in settlement negotiations with the Defendants with the assistance of a professional mediator. If a potential resolution is reached, a notice of proposed class settlement will be issued to those potentially-affected employees.
March 2021 update:
The parties are returning to mediation in late April in attempt to settle the claims. An update will be posted following the negotiations.
June 2022 Update
In March 2022 the court granted final approval of the settlement. July 2022 disbursement should occur for any questions related to disbursement please contact CPT 1-888-464-0330 and reference Valdivia vs. Parts Authority Class Settlement.
Aug. 2020:
We are currently handling a high volume of individual arbitration cases and calls stemming from current and former Ecolab “Territory Manager” claimants seeking overtime and other wages. If you have any questions relating to your employment as a TM for Ecolab, please do not hesitate to call our offices at (805) 628-8220, and our attorneys and staff will be happy to assist you.
November 2020 update:
We are currently engaged in settlement negotiations with the Defendants and it is anticipated that a notice of the proposed settlement terms will be sent out to potentially-affected employees in approximately January of 2021.
March 2021 update:
The court has granted preliminary approval of the settlement. Notices has been mailed out, and a final fairness hearing is scheduled in June of 2021. If you believe you are part of this class and have not received a class notice, please contact our offices.
August 2021 Update:
Disbursement has occurred and you can contact Simpluris at (833)-200-7001 for more information.
Case Overview:
This is a proposed representative 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.
This case on behalf of pest specialists who were paid on a Steritech compensation plan has received preliminary and final approval of the proposed class action settlement. This settlement has been administered; for any questions, please contact CPT Group, Inc. at 800-542-0900.
Use these links to view the Joint Stipulation of Settlement and the Court’s Order Granting Preliminary Approval.
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.
November 2020 update:
We are currently engaged in settlement negotiations with the Defendants and it is anticipated that a notice of the proposed settlement terms will be sent out to potentially-affected employees shortly.
March 2021 update:
The court has set a preliminary hearing for April 8, 2021, to evaluate the terms and conditions of the proposed settlement. We will provide an update shortly after the April hearing.
April 2021 Update:
As of 4/22/2021, the District Court has taking the preliminary approval motion papers under submission and will issue its ruling shortly. We anticipate that the written ruling will be announced by the Court in the next 30 days.
August 2021 update:
We continue to seek preliminary settlement approval with the Court. Additional briefing has been provided to the Court in support of the proposed settlement. If/when approval is received, notice will be mailed out.
June 2022 Update
We are in regular contact with the court and based on communication we are hoping for a ruling in the next 60 days.
December 2022 update
The District Court held the Final Approval Hearing in the case on 11/10/22. The hearing went well, and follow-up declarations were provided to the Court. We anticipate that the presiding judge will grant final approval soon. The matter is "under submission," which means we simply are awaiting the Court's ruling and entry of the final judgment. When that occurs, the Claims Administrator (Simpluris, Inc.) can get the process under way for mailing out settlement checks.
While there is no time limit imposed by federal law for a ruling, we anticipate that disbursement may occur within the next 90-100 days and will keep updating this website as appropriate.
View the filed Complaint.
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. This settlement has been administered; for any questions, please contact CPT Group, Inc. at 800-542-0900.
View a copy of the filed Complaint.
View a copy of the Settlement Agreement and the Court’s Preliminary Approval Order.
View Class Counsel’s Request for Fees and Costs.
View a copy of the Final Approval Order
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.”
November 2020 update:
We are currently engaged in settlement negotiations with the Defendants with the assistance of a professional mediator. The mediation is scheduled for mid-December. If a potential resolution is reached, a notice of proposed class settlement will be issued to those potentially-affected employees.
Fall 2022 update:
Final judgment and approval was granted in 2022, and the disbursement of checks occurred in April of 2022. The administrator, CPT Group, Inc., provided a final accounting statement to the Court in September. The Declaration of CPT Group concerning the unclaimed funds from the settlement was filed in November of 2022.
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.
November 2020 update:
We are currently engaged in settlement negotiations with the Defendants with the assistance of a professional mediator. If a potential resolution is reached, a notice of proposed class settlement will be issued to those potentially-affected employees. This notice would likely be sent in early 2021.
March 2021 Update:
The parties have agreed to settlement terms and are awaiting preliminary approval from the Eastern District Court. Unfortunately, this district has a substantial judicial backlog and we are still waiting for approval. As soon as the court approves we will mail out a class notice.
August 2021 Update:
We continue to seek preliminary settlement approval with the Court. Additional briefing has been provided to the Court in support of the proposed settlement. If/when approval is received, notice will be mailed out.
December 2022 Update
Final approval was granted, and the final approval Order was entered by the District Court on 07/12/2022. The first round of disbursement checks were mailed out in September of 2022, by the settlement administrator (CPT Group, Inc.).
The second disbursement by CPT Group is to occur in December of 2022.
View the filed Complaint.
This is a class action case initially filed on December 27, 2018. The Plaintiffs are or were employed by Primeritus Financial Services, Inc., a Delaware corporation. Plaintiffs allege, in part, that Primeritus failed to pay its Investigators all required minimum wage and rest period penalties ( associated labor code penalties) during their employment.
November 2020 update:
The Court has issued a tentative ruling in favor of the plaintiff class of investigators in this case, regarding legal problems with Primeritus’ piece-rate pay system. Class Counsel intends to proceed with discovery necessary to prepare the case for trial.
March 2021 Update:
The court granted a ruling in favor of the class, and so the parties are returning to negotiations. A mediation session is scheduled for April 2021.
August 2021 Update:
Preliminary Approval of the proposed class settlement was granted on July 29, 2021. Notice to the affected settlement class members should be mailed out in the next 30 days.
View the Filed Complaint