LA City Attorney Sues Janitorial Contractors, Supermarkets for Alleged Wage Theft

LOS ANGELES — City Attorney Hydee Feldstein Soto Aug. 1 announced that she has filed a civil enforcement action on behalf of the People of the State of California against two janitorial contracting companies, their owners and operators, and two of their supermarket clients to stop alleged systemic wage theft and other labor violations against janitors. The alleged violations include failing to pay the required minimum wage and overtime, failing to provide meal breaks and paid sick leave, committing record-keeping violations, and numerous other alleged illegal labor practices. Feldstein Soto’s lawsuit seeks to stop the defendants’ unlawful and unfair labor practices, impose statutory penalties, and provide damages and restitution for at least 65 victimized workers.

The Maintenance Cooperation Trust Fund or MCTF, a statewide organization that works to eliminate illegal and unfair business practices in California’s janitorial industry, worked with Feldstein Soto’s team in this matter.

According to the complaint, wage theft is rampant in janitorial contracting, an arrangement in which a contractor hires and employs janitorial workers and enters into agreements with property owners or tenants to provide janitorial services. In this matter, Modern Floor Specialists, Inc. and Clean Solution Experts, Inc. (“Janitorial Defendants”); and principals Martha Arciniega, Joseph Branch, Alicio Mendoza Galeno, and Erica Perez (“Individual Defendants”) entered into agreements with two supermarket clients – Chedraui USA, Inc., which operates El Super, and Super Center Concepts, Inc., which operates Superior Grocers (“Supermarket Defendants”). 

The Janitorial Defendants provided services to approximately 75 El Super and Superior stores, primarily in Los Angeles County.

Feldstein Soto’s complaint alleges that the Janitorial Defendants knowingly and willfully failed to: (1) pay their workers required minimum and overtime wages; (2) provide required meal periods or premium wages for missed meal periods; (3) provide paid sick leave; (4) provide legally compliant wage statements; (5) maintain required wage and hour records; and (6) pay all wages earned and unpaid upon employees’ discharge or resignation. The complaint also alleges that they unlawfully required employees to execute releases before they received the payment of wages already owed.

Feldstein Soto’s complaint alleges that the defendants took advantage of these workers and committed these violations because they knew that the janitorial workers, in this case, were vulnerable members of society. They are largely immigrants, economically distressed, and not proficient in English, and thus perceived as less likely to complain about their workplace treatment.

The People seek all damages and penalties available under the Labor Code. Under the Unfair Competition Law, the People seek injunctive relief to stop the Defendants’ unlawful and unfair practices. The People also seek restitution for wages owed to the janitorial employees, and statutory penalties to punish defendants for their harmful conduct and to deter them from engaging in similar conduct in the future.

Feldstein Soto encourages those who believe they are victims of wage theft to contact the city’s Office of Wage Standards. Their email address is wagesla@lacity.org and phone number is 1-844-WAGESLA.

Details: https://shorturl.at/yp58P