Ecolab, Inc. (Kay Division)

On September 22, 2014, Getman & Sweeney and Outten & Golden filed a federal lawsuit for overtime pay in the U.S. District Court for the District of Minnesota to recover unpaid overtime wages for employees of Ecolab who worked as Territory Representatives and Senior Territory Representatives throughout the country. Ecolab recently entered into a settlement with the U.S. Department of Labor to pay back pay to Territory Representatives and Senior Territory Representatives and to begin paying those titles overtime wages.

The Plaintiff in this action is dissatisfied with the amount of his recovery under the DOL settlement. He believes that the recovery DOL negotiated underestimates the overtime hours that he worked, applies an improper calculation to the recovery, does not include liquidated or “double” damages, and does not go far enough back in time.

As a result, the Plaintiff has filed this suit on behalf of himself and Territory Representatives and Senior Territory Representatives throughout the country to recover the full amount of back wages that Ecolab owes them. Click here to read the Complaint. Other Territory Representatives and Sr. Territory Representatives who have not received or not cashed the DOL settlement check are eligible to join the case. If you are eligible and want to join, you can do so by executing the attached Consent to Sue and returning it to us. If you join this case, you will give up your right to any payment under the DOL settlement. Although we believe that the Plaintiffs claims in this case are strong, we cannot make any guarantee about the success of the litigation.

How to Join this Case
To bring claims under the FLSA for back wages and an equal amount of liquidated damages, you must affirmatively join the case by filing a Consent to Sue. Employees alleging violations under the state wage-and-hour law will be automatically included in the case if the Court certifies the class action.

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