Robert Tollen Quoted in Employment Law360
"Safety-Kleen Workers Settle Wage Class Action"

Robert Tollen was quoted in the March 5, 2009 Employment Law360 article, "Safety-Kleen Workers Settle Wage Class Action." The article discussed how Safety-Kleen Systems Inc. and a class of aggrieved employees have agreed to a settlement after more than three years of litigation. According to the article, under the proposed settlement Safety-Kleen will pay each of the 280 class members approximately $700 for having issued inaccurate wage statements and revise its payment policy. The settlement resolves allegations by current and former customer service representatives that the company disseminated faulty wage statement.

Bob, who represented Safety-Kleen, said the settlement relates to alleged violations arising from inconsistencies in the state's labor code requirements for earnings statements. He commented, "There is no reason why an employer should have to furnish total hours worked on the earnings statement of an employee exempt from overtime. The state labor code recognizes that and makes an exception from the requirement for exempt executive, administrative and professional employees, but it does not make an exception for exempt outside salespersons or exempt motor carrier employees. It's a trap for the unwary, especially for out-of-state employers, and an oversight that the Legislature should fix."