A federal judge has granted class action status to a lawsuit brought this year by eight custodial workers who charged Capital Building Services Group with underpaying, failing to provide proper records and other violations of Minnesota and federal employment law.
The ruling by U.S. District Court Judge Susan Richard Nelson means that Capital Building of Illinois must "conspicuously" post information about the suit in affected Macy's and Herberger's stores cleaned by Capital Building, and provide payroll records that will allow attorneys to solicit hundreds of Capital workers by mail.
Adam Hansen, an attorney for the workers, said: "We're pleased. This is an important step and will get the word out to the other employees beyond the original eight who brought suit. The notice will be posted and sent in English, Spanish and Somali, and [inform] what the case is about, and consent forms, which employees can sign and submit to become part of the class action."
Hansen also confirmed there have been unspecified settlement talks to the lawsuit.
Capital Building, which cleans 300-plus buildings in 25 states, denied it was using its electronic-payroll systems to short Minnesota workers who clean Macy's and Herberger's stores, arguing that the eight original plaintiffs failed to properly "clock-in" or "clock-out" or did not request the detailed payroll information to which they are entitled.
Abraham Quevedo Orantes of Minneapolis, a former cleaner and supervisor, said he was forced to work seven days a week and never received anything approaching the $36,000 per year he was promised as an area manager.
He also alleged "wage theft," or payment of less than actual hours worked to employees he supervised.
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