Terminix Pest Control Technician Overtime Pay Collective Action – FLSA Violations Alleged
On December 4, 2017, Terminix International Company, LP and Terminix International, Inc. (“Terminix”) were sued in United States District Court, Southern District of Texas, Houston Division, for not paying a Terminix Pest Control Technician and other similarly situated employees overtime compensation as required by the Fair Labor Standards Act (“FLSA”).
Terminix Pest Control Technician Overtime Lawsuit Collective Action Members
The class members of the overtime wages collective action consist of all current and former Terminix Pest Control Technicians hired and employed by Terminix at any Terminix location in the United States who performed work while receiving a salary and were not paid time-and-a-half for overtime hours worked in the last three years.
Terminix Pest Control Technicians Alleged To Be Nonexempt Under the FLSA
According to the complaint, Terminix pays its Pest Control Technicians a salary and not time-and-a-half for all hours worked over forty (40) hours in a regular workweek. The overtime collective action complaint alleges that Terminix Pest Control Technicians are nonexempt employees under the FLSA who are entitled to recover unpaid overtime and other damages.
Terminix Pest Control Technician Lawsuit – Terminix Denied Pest Control Technicians Overtime
Terminix, according to the complaint, did not pay its Pest Control Technicians for “numerous ‘off the clock’ hours” and enforced a policy which denied Pest Control Technicians compensation at time-and-a-half for hours worked beyond forty (40) in a week.
Terminix Pest Control Technician Overtime Pay Action Factual Allegations
According to the complaint:
Plaintiff was hired and employed by Terminix at one of several Houston, Texas-area locations, and he performed pest control services in residential homes for Terminix customers consistent with non-exempt employment under the FLSA.
Plaintiff, a manual laborer whose primary duties were furnishing pest control services (e.g., spraying chemicals, laying traps to exterminate insects and rodents), received a salary and was not compensated for the hours he worked beyond 40 during his employment with Terminix.
The Plaintiff and other similarly situated Pest Control Technicians meet the FLSA’s “blue collar worker” definition. Plaintiff and other Pest Control Technicians do not meet the FLSA’s Part 541 exemptions, because they perform manual labor and, therefore, do not meet the duties test.
The Plaintiff and other class members regularly worked more than 40 hours per workweek and received a salary, but not time-and-a-half for overtime hours worked; Pest Control Technicians also did not receive pay for off-the-clock hours worked.
A Previous Terminix $1.5 Million Settlement for Unpaid Overtime
On August 30, 2011, SFGATE reported (“Terminix $1.5 million overtime settlement OKd”) that “[a] federal judge . . . approved a $1.5 million settlement for unpaid overtime to more than 1,200 termite inspectors in training at the California operations of Terminix, the nation’s largest pest-control company.” According to the news story, the judge “endorsed the settlement . . . after rejecting the company’s argument that termite inspections are sales activities exempt from overtime.”
Terminix Pest Control Technicians
If you served as a Terminix Pest Control Technician and have questions or concerns about your potential legal rights, please complete the form above on the right or e-mail [email protected].