California Employment Law
California Employment Law Questions Answered by Legal Experts
Sales is not his primary duty. He shows up to commercial accounts such as Target, Wendy's, Starbucks, Trader Joes, El Pollo Loco, etc to apply pesticide and extermination techniques. So he should be paid for his OT. On Wednesdays, he works from 6a-2p then gets up and goes to work 1 hr 1/2 away in Los Banos. He works till about 7a and drives home. So he should get OT for that as well, right?
Thank you very much for your reply. Yes, it would seem that an individual in your husband's circumstance should be entitled to overtime on the basis of the facts described. He can pursue this claim through the DLSE using the link provided above.Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you. All the best to you and your husband in the new year!
My husband just got a direct deposit (paycheck stub is in the mail) for $1100.00! He actually had MORE production in December, but he did take Christmas Eve off, so it looks like they DID subtract hours, even though they say that they are paying on production.
I called the Labor Board in Fresno (before this latest paycheck today) and they said that is paycheck MUST show hours and how they arrived at the pay. They said to file either with the Labor Board or Bureau of Field Enforcement.
What is the difference an what do you advise us to file?
My husband doesn't want to file, but to try and talk to his boss AGAIN. I say to file. How long does it take to see results? Would he get back pay? Can they retaliate and fire him?
We can't even pay the rent because of this
I called the Labor Board District Office in Bakersfield. Carmen told me that pest control technicians don't get Overtime because of hazardous waste that they carry. I've never heard of this...
He has been a licensed technician since 2005. He worked for Orkin Pest Control. He was always paid OT.
I am so confused. Please help!
You are so wonderful! Thank you!!
I just spoke to a State of CA Labor Board representative. She researched the pest control pay situation and said that "legal" told her that their position is that Pest Control Technicians are exempt from overtime.
She cited case law Crooker vs. Sexton Motors and basically told me to go pound salt. What can we do now? Thanks!!
Thank you for your reply, good to hear from you again.I searched the case name you were given and found this written opinion: http://openjurist.org/469/f2d/206/crooker-v-sexton-motors-inc Same party names, and it pertains to a dispute involving overtime for truck drivers, so I assume this is what the Labor Board rep was referencing.With all due respect to that person, this case doesn't appear to bear any relevance to the situation. Not only is it a 1st Circuit opinion (federal appeals courts are broken into circuits by region), which would make it a persuasive rather than binding authority, it doesn't even appear to involve a pest tech at all. The court describes the primary duties of the plaintiff as "to clean and polish cars." Making this even more irrelevant, if federal law as opposed to state law governs your husband's entitlement to overtime (remember, with truck drivers, overtime will be governed exclusively by either state or federal law, depending on the specific nature of the position--and this assumes that your husband even IS a "truck driver" according to the meaning of the law), the DLSE cannot even adjudicate the issue. They lack jurisdiction, as they can only enforce state law. So, the idea of the CA Labor Board citing a federal case makes little sense because it has nothing to do with the laws they can even enforce.I have yet to be directed to any authority that would contradict what I have stated above. At this point, since you are essentially beign stonewalled by the DLSE, it would be wise to seek local legal representation and file an an action in civil court. See here for referrals: http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspxI wish you the best moving forward.
Is this AMAZING or what? OK, I'll talk to Mark and we'll proceed accordingly! Thank you so much for your support and help!!!!
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