Ecolab, Inc. (New Jersey Class)
On September 11, 2012, Getman, Sweeney & Dunn and Outten & Golden filed a federal lawsuit for overtime pay in the U.S. District Court for the Eastern District of New York to recover unpaid overtime wages for employees of Ecolab throughout the country. The case challenged Ecolab’s failure to pay time and one-half premium pay for all hours worked over 40 in a work week.
In February of 2018, the U.S. District Court of the Eastern District of New York transferred the case to the United States District Court of the District of New Jersey.
In December 2019, the New Jersey District Court ordered that the case proceed as a class action for all people who were employed by Ecolab, Inc. in New Jersey as route managers, route sales managers, or service and sales route managers between September 11, 2010 and the present. The decision is available here.
The parties are currently engaged in discovery, a phase of the case where both sides seek more information from each other.
We will post new updates as information becomes available.
Answers to Common Questions:
Who is part of this case?
All people who were employed by Ecolab, Inc. in New Jersey as route managers, route sales managers, or service and sales route managers between September 11, 2010 and the present are part of this case.
What work locations are covered by this lawsuit?
The claims in this lawsuit cover work performed in New Jersey.
What claims are covered in this case?
The lawsuit at present covers claims for overtime pay under New Jersey wage-and-hour law. The specific violations claimed are that Ecolab did not pay the class members overtime wages even though the law requires it to do so.
How do I join the case?
Class certification was granted in December of 2019, which means that anyone meeting the class description (anyone who was employed by Ecolab in New Jersey as a route manager, route sales manager, or service and sales route manager between September 11, 2010 and the present) is already a class member, and no further action is required of them.
What damages are sought?
Damages for the New Jersey wage-and-hour law claims include back overtime pay, liquidated damages, interest, and fees and costs.
How far back can claims be made?
Your claims under NJ labor law can go back as far as September 11, 2010.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. Under state wage-and-hour law, when plaintiffs win an overtime case, defendants must pay the plaintiffs’ costs and attorneys’ fees.
Can Ecolab fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffered retaliation, Ecolab would be liable for at least double the injury caused to the employee, and possibly additional damages. Notify us immediately if you think any retaliation has occurred. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.
Can Ecolab contact me about this case?
As a class member, you are represented by class counsel and neither Ecolab nor any of its representatives should contact you directly about the case. Any communication must go through class counsel. If Ecolab or its representatives attempt to contact you, call us immediately.
Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that if you would like to join the lawsuit, you must fill out the "Consent to Sue" form linked in the "How to Join this Case" section.