A federal judge has ruled two former housekeepers may pursue, for now, a class action against Chicago-area Best Maids cleaning service, for allegedly not paying maids for travel time between worksites.
The Jan. 11 ruling was issued by U.S. District Judge Matthew Kennelly. The ruling favored Maria Rodriguez and Rocio Francisco in their suit against Best Maids. Stella Smolka and Darius Smolka, who are president and secretary, respectively, of Best Maids, are also defendants. Best Maids, which is based in suburban Hickory Hills, employs about 90 housekeepers, servicing about 900 clients, according to court papers.
Kennelly conceded plaintiffs "have not presented an overwhelming case," but determined they nevertheless have put forth enough to establish grounds for a class action.
Plaintiffs both worked for Best Maids from 2015 to 2019. They sued in December 2019, claiming they were allotted estimated travel times from worksite to worksite, which sometimes allowed too little time. In addition, Francisco claimed she was not paid for regularly driving maids to and from worksites, and driving to Best Maids' office to pick up and drop off supplies, equipment and keys.
Further, Best Maids allotted fixed times for housekeepers to finish a job; if a job took longer, they were usually not paid for the extra time, plaintiffs alleged.
Plaintiffs claimed Best Maids violated the U.S. Fair Labor Standards Act, and they sought class action status for their suit.
Best Maids described the motion for class action status as "flimsy," failing to show any "common practice of denying compensation."
In addition, Best Maids argued employees only needed to have the company adjust their time to make sure of payment. Best Maids pointed out one of the plaintiffs testified that when she finished a job early, she was still paid for the full time allotted, not the actual time spent working.
Best Maids further contended class action status was not suitable, because claims by different housekeepers as to uncompensated travel time would be too individualized to address in a class action.
Kennelly noted Best Maids' objections were premature, as they "require discovery and go to the merits of the case." Kennelly concluded it would be best to examine Best Maids' arguments after a class is in place and "factual issues can be fleshed out in discovery."
Plaintiffs are represented by Lopez & Sanchez, of Chicago.
Best Maids is defended by Faegre, Drinker, Biddle & Reath, of Chicago.