Pest Control Technician Wage Law
As you know, pest control workers remove unwanted creatures, such as roaches, rats, ants, bedbugs, and termites that infest buildings and surrounding areas. What you may not know is that if you are a California Pest Control Technician you can bring a class action lawsuit against your employer for wages that you worked hard for.
Based upon our investigation, most pest control companies in California are violating California’s wage and hour laws. Most California pest control technicians are not receiving the wages that they are entitled to receive under California wage and hour laws.
They're happy they got their settlement check for their unpaid wages!!
What are California Pest Control Technician Worker Class Action Lawsuits About?
The California Supreme Court issued a ground-breaking decision in Brinker v. Superior Court in 2012. In the Brinker case the Supreme Court stated the requirements that employers in California must follow in order to meet its duty to provide meal periods to California workers. I represented the workers in the Brinker case, so I know the case very well.
What we have found is that most California pest control companies don’t pay for all hours that you work (or are under the control of the company) don't properly pay overtime and don’t provide legal and compliant meal periods/ lunches and rest periods. Many are illegally using what is called auto-meal deduct in order to deduct a half hours pay.
You are entitled to overtime pay at time and one-half, an hours pay for every missed meal period/ lunch, an hour’s pay for missed rest period, waiting time penalties and interest. I call this the “joy of math” how quickly this all adds up.
I cover all of these in more depth and I answer the following questions an/or address the following issues:
Why is Bill Turley asked to testify concerning wage law legislation at the California State Senate and the California Assembly?
A No B.S. straight-shooter lawyer
Pest control technicians in California are covered by California Wage Order 5
What if there an arbitration agreement? ... (such as with Truly Nolen of America and Terminix International Inc.)
As a pest control technician, should I be getting paid for all time that I work?
Time is compensable if you are "under the control" of your employer, whether or not you’re engaging in work activities, such as by being required to remain on the employer's premises or being restricted from engaging in certain personal activities. Morillion v. Royal Packaging Co., 22 Cal. 4th 575, 578 (2000).
In the recent Troester California Supreme Court case, a worker was unpaid while they closed up the store for about two (2) minutes per shift. The California Supreme Court held that the company must pay for that 2 minutes per shift. The wages and penalties owed to the worker ended up being thousands of dollars. All based upon about 2 minutes a shift. Troester v. Starbucks Corp., 5 Cal. 5th 829, 845 (2018).
The Ninth Circuit ruled that as little as 59 seconds of unpaid time must be paid. Rodriguez v. Nike Retail Servs., 928 F.3d 810, 817 (2019).
"But, it's not worth claiming a few minutes for getting paid" and other thoughts that will cost you from getting thousands of dollars in unpaid wages and penalties.
Examples of things that you should be getting paid for as a pest control technician in California
Meal break laws for California pest control technicians
1. It relieves you of all duty,
2. Relinquishes control over you activities and
3. Permits you a reasonable opportunity to take an uninterrupted 30-minute break, and
4. Your employer does not impede or discourage you from doing so."
Brinker vs. Superior Court (2012) 53 Cal.4th 1004, 1040.
If we use a conservative one meal period a day, that means that you are owed an hour’s pay for every shift that you worked.
What is California rest break law for pest control technicians?
Augustus v. ABM , 2 Cal. 5th 257, 265, (2016).
Am I owed an hour's pay every time I'm not provided a legal rest break?
What is is the Private Attorneys General Act (PAGA)?
Can I get wages that weren’t paid to me by the employer under PAGA?
Am I owed paycheck stub violations (up to $4,000) from the pest control company?
These 226 penalties are up to $4,000.
Am I owed waiting time penalties from the pest control company?
Since all of your wages weren't paid timely at time of termination, you're also owed waiting time penalties. California Labor Code Section 203. The waiting penalties you're owed are up to 30 days pay.
For example, if you made $15 an hour your waiting time penalties are as follows:
What Can I Do?
If you are a current or former California Pest Control Technician Worker you can file a class action lawsuit and/or a PAGA lawsuit in order to enforce your rights. And - importantly - get your fair wages back. This is money wages that are owed to you. You work hard for you money - you shouldn’t let the company get rich with money wages owed to you.
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Making the Law: Bill Turley Help draft the recent changes to PAGA laws
The Private Attorneys Generals Act (PAGA) is a case where aggrieved employees are, in effect, deputized to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. The PAGA laws were enacted because the State of California has inadequate resources to enforce California wage laws.
Bill helped draft recent changes to the PAGA laws. Bill was the wage and hour lawyer that sat met with the Governor’s office to help write the new PAGA amendments.
These discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement, case study, article and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Every case is different.