Did WinCo Misclassify Their Janitors as Contractors?

In recent news, three janitors filed a lawsuit claiming WinCo misclassified them as independent contractors when they should have been treated as WinCo Foods employees. The proposed class action (filed in Los Angeles County, July 2026 and later removed to federal court) asks a court to decide whether WinCo Foods and its cleaning subcontractor, TEC Services, owe the janitors the wages, breaks, and paid sick leave California law guarantees employees.

Case: Delgadillo et al. v. WinCo Foods, LLC, et al.

Original Court: Los Angeles County Superior Court

Original Case No.: 26STCV23144

Current Court: U.S. District Court for the Central District of California

Federal Case No.: 2:26-cv-09736

While no court has yet adjudicated the plaintiffs’ claims in this lawsuit, the case raises a question thousands of California workers face every year: what happens when a company calls you a contractor? And pays you like one?

What Is the WinCo Janitor Lawsuit About?

The lawsuit names two defendants, WinCo Foods and TEC Services, a company that, according to its website, provides janitorial cleaning to more than 1,000 supermarkets in 30 states. According to Supermarket News, which obtained a copy of the complaint, the janitors allege they were classified as independent contractors instead of employees. The suit claims they were not paid minimum wage or overtime, were denied sick leave, and did not receive meal and rest breaks.

The complaint also alleges the companies failed to keep accurate time and payroll records and never gave the workers itemized wage statements. Instead of pay stubs, the workers reportedly received a direct deposit every two weeks.

The suit follows a year-long investigation by the Maintenance Cooperation Trust Fund, a watchdog group. One of its findings was that janitors often stayed past their scheduled shifts to finish assigned tasks but were paid only for the hours on the schedule.

Who Filed the Lawsuit Against WinCo and TEC Services?

Rita Delgadillo, Efigenia Preciado, and Gloria Flores brought the case on behalf of themselves and other cleaning workers. They want to represent anyone who has worked as a janitor at a WinCo store in California during the past four years. Their attorneys say they believe at least 40 people in Southern California belong to that group, with more elsewhere in the state.

The plaintiffs are asking for damages, restitution, an accounting of what they were owed, statutory penalties, declaratory and injunctive relief, and attorneys’ fees and costs.

How Are WinCo and TEC Services Responding?

WinCo told Supermarket News that it is committed to fair and lawful treatment of workers in its stores and that it intended to address the allegations through the legal process. The publicly available reporting reviewed for this article does not include a substantive response from TEC Services.

The plaintiffs’ legal argument rests on California’s legal definition of employee and contractor. For most California worker-classification questions, the ABC test starts with the presumption that a worker is an employee unless the hiring entity can establish all three required conditions making them an independent contractor. Under that rule, a company can treat someone as a contractor only if it shows the worker is 1) free from the company’s control, 2) does work outside the company’s usual business, and 3) is independently in business offering similar services to others. The janitors say they meet none of those conditions: the company controls the work, cleaning is part of routine store operations, and the janitors do not provide similar services to other companies. WinCo initially responded to the suit by reiterating its policy to treat employees lawfully and fairly, but didn’t discuss any specific allegations because the case was still pending. However, they have since filed an answer to the complaint and, on August 31, 2026, removed the case from Los Angeles County Superior Court to the U.S. District Court for the Central District of California. 

What Has the Court Decided So Far?

The case remains at an early stage. The court has not certified a class or decided whether the plaintiffs or other janitors were misclassified. The litigation may involve jurisdictional issues, discovery, class-certification proceedings, motions addressing the merits, trial, or settlement before those questions are ultimately resolved.

Why Does the WinCo Case Matter to California Employees?

This case was filed in California, and many workers across the state face similar situations. Janitorial work is particularly relevant to this issue because California regulators have repeatedly investigated subcontracting arrangements in the industry for alleged misclassification and wage-and-hour violations. California has also adopted laws that can impose wage liability on qualifying businesses that obtain workers through labor contractors.

Another common issue is time worked past the end of a scheduled shift. California requires employers to pay for all hours worked, and a posted schedule is not a substitute for a real-time record. A worker who finishes assigned tasks after the shift ends is owed pay for that time.

The suit also names both a store operator and its cleaning contractor. Workers placed through a third party sometimes assume no one is responsible when their pay comes up short. Note: In some situations, California law can hold more than one company responsible for unpaid wages.

Frequently asked questions:

Q: What does it mean to be misclassified as an independent contractor?

A: Being misclassified as an independent contractor means a company designates a worker as a separate business owner rather than an employee. Nonexempt employees generally receive protections including minimum wage, overtime where applicable, meal and rest periods, and wage statements, and eligible California employees may also be entitled to paid sick leave. If someone is labeled a contractor but legally qualifies as an employee, misclassification can result in those protections being denied.

Q: How does California decide whether someone is an employee or a contractor?

A: In California, the law presumes workers are employees and expects the hiring entity to prove otherwise. To prove a worker is not an employee, the company must show the worker is free from the employer’s control, performs work outside the company’s usual business, and is independently established in that kind of work. A job title or a signed contractor agreement does not settle the question.

Q: Do I have to be paid for work I finish after my scheduled shift?

A: Yes, California requires employers to pay for all hours worked, including time spent finishing assigned tasks after a scheduled shift ends.

Q: Does this lawsuit mean WinCo broke the law?

A: The question has not yet been decided as of the writing of this article. The lawsuit contains allegations, and WinCo has said it will review the claims and respond through the legal process. The plaintiffs will need to prove their claims in court unless the case is resolved by a settlement agreement before the court makes a finding.

Do you have questions about filing a California class action or an independent contractor misclassification claim? Please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable employment law attorneys are ready to assist you in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, and Los Angeles.