ZEP Inc named in employment class action for failure to pay proper wages and commissions to outside sales representatives

ZEP Inc.

 

This is a class, collective, and representative action brought by Plaintiffs, on behalf of themselves and all others similarly situated. Plaintiffs and those similarly situated are or were employed by Defendants as Employees and Outside Salespersons and were denied proper compensation as required by state and federal law.

The Class consists of every person who has worked for Defendants in California and the United States as an Outside Sales Representative within four years of the filing of this action (the “Class Period”).

During the Class Period, Defendants failed to pay wages/commissions to Plaintiffs and each member of the putative classes as required by federal and state law. Further, the Defendants have engaged in an unlawful policy and practice of taking accounts and commissions obtained by salespersons in violation of both the written contract that all salespersons signed and applicable law.

As alleged, ZEP has a history of engaging in unlawful conduct with regard to its outside salespersons. At the time these accounts were obtained, each representative was never informed that the accounts or the commissions generated from these accounts could be taken from them unilaterally by Defendants. In fact, Plaintiffs and the current and former employees they seek to represent were informed in writing that such commissions would be earned when payment was made by the customer.

The representatives were also promised in writing that any changes to any commission program could only be applied “prospectively”. In other words, any new accounts obtained after a modification to the agreement could be made, but any new commission plan would not be effective retroactively, i.e., to accounts that had been obtained prior to any modification of the plan.

According to the complaint, in direct contradiction with those written promises, beginning in approximately 2017, ZEP began unilaterally and surreptitiously taking accounts/commissions obtained by their outside salespersons. Effective April 1, 2018, ZEP placed a policy in writing in which it acknowledged that it would began taking accounts/commissions from these sales persons.

COMPLAINT


Shane E. said
282 days ago
Company is taking all my accounts away that I spent 23 years opening up for them and transferring to inside sales people. Telemarketers.


William C. said
282 days ago
I had been a sales rep for 27 years and I was trying to continue my career but every new account I went out and sold was given to a inside sales rep. I even mentioned this with Human resources and my Manager Jackson Almeida.
If you would like to discuss this more please feel free to call me.


William C. said
282 days ago
I had been a sales rep for 27 years and I was trying to continue my career but every new account I went out and sold was given to a inside sales rep. I even mentioned this with Human resources and my Manager Jackson Almeida.
If you would like to discuss this more please feel free to call me.


David C. said
116 days ago
Return ALL Accounts back to us Outside Sales Reps to pursue & monies lost due to them being paid to Inside Sales.


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said
30 days ago
Hey. I will sell a profitable database of email addresses (19 000 000 emails) only to 3 people.
As seen on the screenshot below, from May 1 to May 16, I earned $ 13,000 on just one affiliate program.
This is a very good result. You will be able to promote your proposals on this database and be in a huge plus.
I do not provide email distribution services, I send only my offers.
I sell the base because it is a good way to earn extra money + my earnings in affiliate programs, the relevance of the base will not suffer from this.
GEO base as you see mainly the United States and other developed solvent countries.
I collected the base myself + bought from private sellers which you will not find anywhere else.

Base format:
mail1@gmail.com
mail@mail.com
Mail3@hotmail.com
That is, only email addresses in a column.
The base price is $ 15,000 only in bitcoins at the current rate.
If you know why you need this database, you know how to make mass email mailings and are ready to buy an email sheet from me then write to me on the contacts below.
I do not answer stupid questions, I just ignore them.


Proof-1:
https://imgur.com/EtxAk8B

The total earned amount from email mailings from May 1 to 16:
https://imgur.com/mmshjVH


Contact Telegram:
https://t.me/maribright
@maribright


said
30 days ago
Hey. I will sell a profitable database of email addresses (19 000 000 emails) only to 3 people.
As seen on the screenshot below, from May 1 to May 16, I earned $ 13,000 on just one affiliate program.
This is a very good result. You will be able to promote your proposals on this database and be in a huge plus.
I do not provide email distribution services, I send only my offers.
I sell the base because it is a good way to earn extra money + my earnings in affiliate programs, the relevance of the base will not suffer from this.
GEO base as you see mainly the United States and other developed solvent countries.
I collected the base myself + bought from private sellers which you will not find anywhere else.

Base format:
mail1@gmail.com
mail@mail.com
Mail3@hotmail.com
That is, only email addresses in a column.
The base price is $ 15,000 only in bitcoins at the current rate.
If you know why you need this database, you know how to make mass email mailings and are ready to buy an email sheet from me then write to me on the contacts below.
I do not answer stupid questions, I just ignore them.


Proof-1:
https://imgur.com/EtxAk8B

The total earned amount from email mailings from May 1 to 16:
https://imgur.com/mmshjVH


Contact Telegram:
https://t.me/maribright
@maribright


said
30 days ago
Hey. I will sell a profitable database of email addresses (19 000 000 emails) only to 3 people.
As seen on the screenshot below, from May 1 to May 16, I earned $ 13,000 on just one affiliate program.
This is a very good result. You will be able to promote your proposals on this database and be in a huge plus.
I do not provide email distribution services, I send only my offers.
I sell the base because it is a good way to earn extra money + my earnings in affiliate programs, the relevance of the base will not suffer from this.
GEO base as you see mainly the United States and other developed solvent countries.
I collected the base myself + bought from private sellers which you will not find anywhere else.

Base format:
mail1@gmail.com
mail@mail.com
Mail3@hotmail.com
That is, only email addresses in a column.
The base price is $ 15,000 only in bitcoins at the current rate.
If you know why you need this database, you know how to make mass email mailings and are ready to buy an email sheet from me then write to me on the contacts below.
I do not answer stupid questions, I just ignore them.


Proof-1:
https://imgur.com/EtxAk8B

The total earned amount from email mailings from May 1 to 16:
https://imgur.com/mmshjVH


Contact Telegram:
https://t.me/maribright
@maribright


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