Jeffrey Main and Todd Phelps v. Quick and Clear, Inc. d/b/a AA Window and Gutter Cleaning and Brett Vandenbrink
King County Superior Court No. 16-2-29685-8 SEA
The Blankenship Law Firm filed a Class Action Complaint on December 9, 2016 against AA Window and Gutter Cleaning (Quick & Clear, Inc.) and its CEO, Brett VandenBrink (Defendants) with claims based on alleged violations of the Washington State Wage Statutes, RCW 46.49 et seq., 49.48 et seq., and 49.52 et seq. The certified class of Field Technicians and Lead Field Technicians seeks to recover unpaid wages for off the clock work including travel time to and from the first and last job-site of the day in company vehicles, answering calls and emails, and laundering required work towels without pay, as well as recovery for Defendants’ failure to include Daily Bonuses when calculating overtime compensation, incorrect calculations in making “Bonus Correction Payments” as a result of this lawsuit being filed, and unlawful Administrative Compliance Penalties and wage deductions. The law allows for double damages recovery on these issues. For more information on the specifics of this case and the class members, please see the Notice of Class Action Lawsuit.
April 9, 2018: Deadline for settlement funds to be mailed to eligible class members, the class representatives, and class counsel.
February 9, 2018: Court grants Motion for Final Approval of Settlement.
October 3, 2017: Court denies Defendant’s Motion for Reconsideration.
September 1, 2017: Court grants Plaintiffs’ Motion for Partial Summary Judgment.
April 28, 2017: Court approves Notice of Class Action Lawsuit.
March 17, 2017: Court certified the class and granted class action status.
December 9, 2016: Class Action Complaint filed.
Am I a member of this class?
The Court has defined the class in this case as “All persons who were employed as Field Technicians or Lead Field Technicians between December 9, 2013 and the final disposition of this case”. This means, if you are or were an employee of AA Window and Gutter Cleaning (Quick & Clear Inc.) with the title of Field Technician or Lead Field Technician, you qualify as a member of the class.
What do I need to do to participate in the class action lawsuit?
Nothing! If you qualify as a member of the class, you will automatically be considered a party to this class action and once a settlement has been reached or a judgment has been entered, you will receive a claim form and more information about how to collect your portion of the settlement or judgment.
Who represents me in this class action lawsuit?
You are represented by the attorneys at The Blankenship Law Firm, including lead attorney Scott Blankenship and associates Rick Goldsworthy, and our team is Court-approved as your best advocates for this class action.
In certifying a class action, the Court analyzes many different factors of a case, including whether a class action lawsuit is the best way to pursue the claims (as opposed to individual lawsuits), and whether class counsel and class representatives will fairly and adequately represent the interests of the class. The Court ruled in the Order Granting Plaintiffs’ Motion for Class Certification that a class action was the best way to pursue these claims against AA Window and Gutter, and recognized that the Blankenship Law Firm’s more than twenty years of experience with complex wage and hour, employment, and class action litigation qualifies us as “highly capable” counsel to pursue this action. We take our role very seriously and our team will work hard to represent your interests in this class action.
All communication regarding this class action should go through our firm as your attorneys. Please direct any further questions or comments to us through our Contact Us page and use the subject line: AA Window and Gutter Cleaning.
Additionally, you as a class member, are represented by your class representatives, Jeffrey Main and Todd Phelps. They are working closely with The Blankenship Law Firm on your case.
Will it cost me anything to participate in this class action lawsuit?
No! There are no out-of-pocket costs for class members related to this lawsuit. Regardless of the outcome of the class action, you as a class member will never be responsible for paying any of class counsel’s costs or attorney’s fees; in other words, it is completely free for you to participate and in the event of a positive outcome, meaning a settlement or judgement, you will receive information on how to claim your portion of the money awarded.
Can my employer approach me to discuss this lawsuit?
No. The Court has prohibited Defendants from discussing this lawsuit with class members. If you are a member of the class and your current or former manager, Mr. Vandenbrink, or any other officers of the company or attorneys representing the company attempt to discuss this lawsuit with you, you should contact us immediately and refer the officer, manager, or Defendant to the Order Granting Plaintiffs’ Motion to Approve Class Notice.
Can my employer take any negative action against me as a result of my participation in this class action lawsuit?
It is illegal for your employer to take any negative action against you for your participation in a class action. You can participate in this lawsuit without fear of losing your job, receiving a demotion, or suffering from any other adverse action from your employer.
If you feel that you are being pressured into opting out of participation in this lawsuit for fear of retaliation or other negative treatment, please contact us immediately. We will work with you as class counsel to ensure your rights are fully protected and that you can fairly and justly pursue your claims to the full extent allowed by the law.