$325,000 Class Action Settlement Granted Preliminary Approval by the U.S. District Court for Northern California

On May 5, 2021, the U.S. District Court for the Northern California granted preliminary approval of a $325,000 class and collective action settlement in the matter of Efren Moreno v. Capital Building Maintenance & Cleaning Services, Inc., Case No. 19-cv-07087-DMR. The conditionally certified, FRCP 23settlement class consists of all hourly employees of Capital Building Maintenance & Cleaning Services, Inc. (“Defendant”), who worked for the Defendant in California within four years of the filing of the original complaint (October 28, 2015), who were members of an affiliate of the Northern California District Council of Laborers and who received two wage statements one of which did not properly list the union designated rate. 

The lawsuit claims that Defendant improperly calculated workers’ overtime wages based on a reduced rate rather than the actual regular rate set by a union contract. Plaintiff further alleges that Defendant failed to properly record all hours worked. Defendant denies Plaintiff’s claims and denies they did anything wrong. 

The Court will hold a Final Approval Hearing at 1:00 p.m. on September 9, 2021, via Zoom videoconference, to determine whether the proposed settlement should be finally approved as fair, reasonable, and adequate.

If you want to know more, please consult this notice:

If you want to join the case to recover wages owed, the form that you must complete is here:

If you want to be excluded from the class agreement under Rule 23 fill out the following application: