Two California time and attendance lawsuits yield different outcomes

A federal judge recently approved a $1.5 million overtime employee attendance settlement to more than 1,200 employees of pest-control company Terminix, according to the San Francisco Chronicle.

The workers were employed as trainees in California between June 2004 and April 2010, when Terminix changed its classification policy, entitling trainees to overtime and other work benefits. They filed suit in 2008, arguing that Terminix's policy of often performing initial inspections for free violated state and federal laws pertaining to overtime, meal breaks and rest periods.

The judge ruled in their favor, finding that termite inspections are covered by the legislation because they are not sales pitches or product giveaways.

Approximately 1,800 licensed termite inspectors employed by the company over the same time period hope to secure a similar verdict. However, due to the fact that many of them signed arbitration agreements with the company, a class action lawsuit was not allowed to go forward.

A similar case in the state recently had a different outcome. A judge ruled in favor of construction materials producer Granite Rock Company after it was sued for more than $6 million over its alleged failure to give workers off-duty meal breaks or compensate them for an extra hour's work, The Wall Street Journal reports. 

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