This action was initiated by Plaintiff Brian Ayala, on behalf of all employees of Terminix International, Inc., who are non-exempt employees who have worked in California, who held the positions of Termite Technician and/or Renewal Inspector (who were not class members who have released their claims in any previous lawsuit or proceeding), but have not received full and correct pay for all hours worked.

Plaintiff alleges that such unpaid time includes overtime, doubletime and travel time which was not paid in accordance with California law. Plaintiff further alleges that each class member worked through many lunches in violation of California law ans were not supplied with a second meal period as required by law after working more than 10 hours.

UPDATES:

The Arbitrator has preliminarily approved the Settlement Agreement.  On September 14, 2010, the class action administrator (Simpluris), mailed Class Members claim and opt-out forms.  Class Members have until October 29, 2010 to submit those completed forms to Simpluris.  If Class Members have any questions regarding filing a claim or opt-out, please call Simpluris at (877) 723-7131.  After the claims/opt-out period has expired, Plaintiff's counsel will file a motion for Final Approval of the Settlement Agreement with the Arbitrator.  After Final Approval is granted, Class Members who filed valid claim forms will be mailed Settlement checks.

UPDATE FOR 11/7/11:

Some class members who objected to final approval of the settlement have appealed the decision denying their objections to the California Court of Appeal. This will delay distribution of the settlement checks indefinitely.

September 14, 2010:

Class Members mailed claim and opt-out forms.

July 23, 2010:

Hearing on Motion for Preliminary Approval.  Motion granted.

July 22, 2009:

Mediation Scheduled.  The terms of a settlement agreement were reached.

February 11, 2009:

Demand for Arbitration and Complaint filed with the American Arbitration Association by Plaintiff.