Active - Cooley v. The ServiceMaster Company, LLC, et al.

This class action lawsuit alleges that The ServiceMaster Company, LLC, Terminix International, Inc. and The Terminix International Company Limited Partnership (collectively referred to as “Defendants”), engaged in unlawful conduct by their: (1) failure to pay all wages when due, including failure to pay all proposed class members whose employment with Defendants terminated within the last four years, all wages due immediately upon termination or within seventy-two hours of resignation, and all associated waiting time penalties; (2) failure to provide Plaintiff, and proposed class members with meal breaks and/or proper compensation for missed meal breaks; (3) failure to provide Plaintiff, and proposed class members, with rest breaks and/or proper compensation for missed rest breaks; (4) failure to pay Plaintiff, and proposed class members, for all hours worked, including all overtime wages earned; (6) failure to provide Plaintiff and proposed class members, whom Defendants paid commissions, with signed written contracts that set forth the method by which commissions would be computed and paid; and (7) failure to reimburse Plaintiff and proposed class members for work-related expenses, including, but not limited to, the use of their personal vehicles to do their jobs, the use of their personal cell phones and internet to do their jobs, and the purchase of required steel-toed safety shoes.

On July 8, 2020, Defendant removed this case to the United States District Court, Eastern District of California.

On April 12, 2023, the District Court Ordered Plaintiff's individual claims to arbitration and dismissed Plaintiff's PAGA class claims. Plaintiff reached a settlement with Defendant of his individual claims and the District Court determined that Plaintiff no longer had standing to bring the representative PAGA claims. On April 27, 2023, Plaintiff filed an appeal with respect to the representative PAGA claims with the Ninth Circuit Court of Appeals.

On February 29, 2024, the Ninth Circuit Court of Appeals determined that Plaintiff Cooley has statutory standing to bring his representative PAGA claims. Thereafter, Defendant filed a Petition for Writ of Certiorari with the United States Supreme Court. That petition was denied on October 15, 2024, and the parties are now in the process of returning to the District Court for further proceedings.

Appellate Order (9th Circuit Filed) 022924