Ladore v. Ecolab, Inc.

On October 7, 2011, Doug Ladore filed a class action lawsuit against Ecolab, Inc. Plaintiff, on his own behalf and on behalf of the putative class of other similarly situated employees in California, seeks reimbursement of unpaid overtime wages for the time period of on or about August 11, 2008 through the present. He also seeks penalties, interest, and an award of attorney's fees and costs.

UPDATE: The case has been certified as a class action. See below for details.

Below are some frequently asked questions regarding this case. If you do not see an answer to your specific question, please use the comments form at the bottom of the article.

What is the status of the case?

The case was filed in Los Angeles County Superior Court on October 7, 2011.

Ecolab subsequently removed the case to federal court in the Central District of California. It is pending as Case 2:11-cv-09386-GAF-FMO.

On April 11, 2012 the court certified the case as a class action. (See the class definition in the next section.) The court held that the case for unpaid daily overtime and attendant penalties can proceed as a class action. Importantly, the court determined that Defendant's main exemption, the hazardous materials exemption, does not apply: "On the basis of the record before it, the Court concludes that putative class members do not use the relevant materials in quantities sufficiently large to be subject to regulation by the Department [of Transportation], rendering the haz/mat exemption inapplicable." DOWNLOAD A COPY OF THE CLASS CERTIFICATION ORDER HERE.

On April 26, 2012, Ecolab filed a Petition for appellate review of the April 11, 2012 order granting class certification.  The Petition asks the 9th Circuit Court of Appeals to take up an appeal of the class certification order. There is no stay of the state court action pending the appeal, unless otherwise ordered by the trial or appellate court.

On May 8, 2012, Plaintiff Ladore filed an Answer to the Petition.

On May 14, 2012, the trial court issued an order regarding the providing of notice of the class certification order to the class members. A third-party administrator has until June 4, 2012 to send out the notice of certification and a form that lets class members "opt-out" of the case if they mail it in by a certain date. If class members opt out, they cannot participate in this case. PLEASE CONTACT PALAY LAW FIRM AT (805) 641-6600 IF YOU HAVE QUESTIONS REGARDING THE OPT-OUT ISSUE.

Who is affected by the case?

The court certified the following class: "All current and former Senior Pest Elimination Service Specialists and Pest Elimination Service Specialists employed by Defendant Ecolab, Inc. in California from October 7, 2007 to the present."

What types of damages does Plaintiff seek?

Plaintiff seeks damages for unpaid overtime hours worked from on or about August 11, 2008 through the present. He also seeks various penalties available under the California Labor Code. Those penalties include a penalty under Labor Code section 226 for providing inaccurate paycheck stubs and assorted civil penalties under the Private Attorneys General Act.

How does the decision in the Roe v. Ecolab, Inc. case affect this case?

If you were a member of the class in the Roe v. Ecolab, Inc. case (Ventura County Superior Court case number CIV233936) and you continued working in the same position after August 11, 2008, then you likely would be affected by this case. Similarly, if you were a Senior Pest Elimination Service Specialist and/or Pest Elimination Service Specialist working in California at any point from August 11, 2008 through the present, then this case could affect you.

How do I get involved?

You may contact Plaintiff's counsel, Michael A. Strauss at Palay Law Firm, directly by emailing him using the contact form on this page. You may also call Palay Law Firm at (805) 641-6600. You can also post a question using the comment form below. All questions posted using the comment form will be reviewed by Palay Law Firm before being published.