A class action lawsuit was recently in LA against Winco Foods and its janitorial contractor Tec Services. The lawsuit details how Winco and Tec routinely classified janitors as independent contractors in order to bypass California labor laws requiring overtime pay, meal and rest breaks and other protections afforded workers under California law.
The class action lawsuit grows out of an undercover investigation into how Winco treated janitorial personnel who cleaned the stores overnight. Workers in the class are seeking multiple remedies including recovery of unpaid wages; recovery of unpaid overtime; reimbursement for business expenses as well as other damages.
News of the lawsuit broke on July 22, 2026 after an press conference organized by a California group known as Maintenance Cooperation Trust Fund(MCTF). Chloe Osmer, the Executive Director of MCTF reported that the group first began looking into Winco after hearing about possible wage theft and worker misclassification at Winco stores in the Sacramento area. Then MCTF heard reports of similar conduct at Winco stores in Southern California. Osmer detailed that janitorial workers cleaning Winco stores were hired by subcontractors and classified as independent contractors, despite many factors indicating that the workers were actually employees. Tagging workers as independent contractors allows employers to skirt various protections under California labor laws.
The lawsuit also included allegations that the workers were denied paid sick leave, were not properly reimbursed for legitimate work-related expenses and sometimes were not properly paid for their hours worked. Early estimates indicate that as many as 100 workers may be entitled to compensation.
Maria Isabel Ramirez is one of the workers named in the lawsuit. Ramirez cleaned Winco stores from 2018 through 2022. She detailed the workers were often not allowed to being cleaning until midnight - and often didn’t finish until 9 am. Ramirez alleged that she and other workers were often not fully paid for the hours worked. Traditional payroll documentation was not used and payments were frequently made through Zelle. And, Ramirez alleged, supervisors often discouraged her and other workers from taking meal breaks.
Ramirez, a Mexican immigrant, needed the wages she received to support her family. She was not aware that some of the practices she endured violated California labor laws and, as an immigrant, fear reprisal from the employer if she made any noise. Specifically, Ramirez feared she would be reported to ICE. Osmer confirmed that some employers are able to maintain employee silence by opaque references to the current political climate and hyper-aggressive pursuit of illegal immigrants.