A Terminix overtime lawsuit alleges that the company is illegally refusing payments to employees based on wage and hour violations. According to the Terminix overtime lawsuit, pest control technicians are paid a salary rather than time and a half for any hours they work beyond 40 in a typical work week.
Terminix Overtime Lawsuit Affects Pest Specialists
The Terminix overtime lawsuit says these employees are nonexempt under the Fair Labor Standards Act, meaning that they are legally entitled to recover unpaid overtime in addition to other damages, including illegal retaliation.
Employees who raise concerns with their employers about unfair or illegal practices may be entitled to protections from discrimination or harassment.
According to the Terminix overtime lawsuit, a policy is enforced at all Terminix locations that denies the plaintiff and other class members compensation paid out at time and a half for hours worked beyond 40 in a workweek.
Not all employees are entitled to overtime after crossing the 40 hour threshold, however. The plaintiff argues the company misclassified him and others to avoid having to pay.
The lawsuit alleges that pest control technicians have to work numerous hours off the clock at the insistence and direction of their employer but they are never compensated for performing these services.
The plaintiff in this Terminix overtime lawsuit was employed at the Webster Terminix location in Texas and says that his work was consistent with nonexempt employment as defined under the FLSA. The lawsuit includes all employees working at locations across the United States for Terminix who were not paid the time and a half wages they were owed for overtime hours over the course of the last three years.
The plaintiff alleges that his primary responsibilities were spraying chemicals and laying traps to exterminate rodents and insects for customers of the defendant and that primary duties excluded obtaining contracts for services or orders, or making sales.
A commission was paid to the plaintiff based on the number of businesses or homes ultimately serviced rather than sales. The Terminix overtime lawsuit says that many pest control technicians work between 60 and 70 hours a week, making it impossible for them to obtain work elsewhere.
If an employee discovers that they’ve been improperly classified or subject to overtime payments never received, this could form the basis of a lawsuit against the responsible employer. The lawsuit says that more than 40 hours in a regular work week were clocked often, although neither he nor putative class members were paid time and a half as owed under the FLSA.
The Terminix overtime lawsuit is Cooper v. The Terminix International Company LP, Case No. 4:17-CV-03671, filed in the U.S. District Court for the Southern District of Texas, Houston Division.
If you or someone you know believes you have a wage and hour claim to file against an employer, consulting with knowledgeable attorneys like those at Bradley/Grombacher is recommended. Fill out the form on this page to learn more.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.