Lawsuit challenges use of ‘ghost’ employees

Members of CTUL, Centro de Trabajadores Unidos en la Lucha/Center for Workers United in Struggle, dressed as ghosts for a Halloween news conference publicizing their case. They walked on the sidewalk in front of the Kmart store at Nicollet Ave. and Lake St. in Minneapolis. It is one of 130 Kmart, Sears, Target, Best Buy and other stores cleaned by Diversified Maintenance Systems.

Thirteen workers filed the original suit one year ago, claiming Diversified forced them to work seven days a week without overtime pay, in violation of federal and state law. They said they were told to use a “ghost” timecard for overtime hours, for which they were paid in cash at the regular rate instead of overtime pay. The “ghost” timecards bore the names of nonexistent people or former employees, the workers said.

“Notices have gone out to workers across the Midwest in many states informing them of their right to be part of this class action,” said Veronica Mendez, a representative of CTUL. Potentially, thousands of workers could seek payment for lost wages under the suit.

Surrounded by workers dressed as "ghost" employees, retail cleaning worker Blanca Himendez (right) addressed reporters, as CTUL representative Veronica Mendez listened.

“Many of us are working seven days a week without even a day off,” said retail cleaning worker Blanca Himendez. Workers earn $7.50 or $8 an hour and receive no vacation or paid sick time.

“We can’t live on that,” said Lucia Dominguez. “What we’re asking for is fair wages, fair working conditions and a voice on our jobs.”

In September, the Minnesota Department of Labor and Industry issued citations against Diversified for workplace health and safety violations.

The workers said they have requested meetings with the company but have gotten no response.

The lawsuit is part of an ongoing campaign for justice for retail cleaning workers. Learn more at the CTUL website.