Vanguard Cleaning Systems Lawsuit

Vanguard Cleaning Systems Lawsuit

Vanguard Cleaning Systems Lawsuit

Rukin Hyland & Riggin is currently investigating a potential lawsuit against Vanguard Cleaning Systems, which hires thousands of janitorial workers through its franchises in California.

If you work for Vanguard Cleaning Systems and believe that you have been misclassified as an independent contractor and not paid all of the wages you are owed, please give us a call.

How do I know if I have been misclassified as an independent contractor?

The California Supreme Court has held that a worker is presumed an employee, and not an independent contractor, unless a company like Vanguard Cleaning Systems can prove all three of the following:

(A) you are free from Vanguard’s control and direction in connection with the performance of your work, both under your contract for the performance of the work and in fact,

(B) that you perform work that is outside the usual course of Vanguard’s business, and

(C) that you are customarily engaged in an independently established trade, occupation, or business.

If a company like Vanguard Cleaning Systems fails to prove any one of these three prerequisites, then you are actually an employee under California law.

What are my damages if I have been misclassified as an independent contractor?

When companies misclassify workers as independent contractors, they often fail to pay the following:

  • Overtime wages for hours worked in excess of eight hours in a day or forty hours in a week
  • Expense reimbursement for mileage, wear and tear on vehicles, supplies (i.e. cleaning supplies and equipment)
  • Premium payments for missed meal and rest periods
  • Minimum wages for each hour that a worker has worked

 

We are investigating whether Vanguard Cleaning Systems has engaged in a pattern or practice of independent contractor misclassification and has violated the California Labor Code. Please give us a call at (415) 421-1800 if you have questions about your legal rights.

Please note that your potential claims are subject to a statute of limitations. That means that depending on when you started working for Vanguard Cleaning Systems and its affiliate companies, the value of your potential claim could be decreasing until you file your claims in court or with an administrative agency.  We encourage you to consult with an attorney of your choice to ensure that your rights are protected.