This class action alleges that ADT, Inc. violated the California Labor Code and the state Business and Professions Code by failing to pay overtime and proper wages, failing to allow meal breaks and rest periods, and in other ways.
Two classes are proposed in this class action. The Service Technician Class includes all persons employed by ADT as nonexempt, hourly service technicians in California after August 18, 2013 until the date of the trial. The Wage Statement Class includes all persons who were employed by ACT as nonexempt, hourly employees in California who received at least one wage statement between November 25, 2014 and the date of trial.
ADT provides electronic security, fire protection, and other alarm-monitoring services throughout the state of California. The complaint believes that ADT operations in California use the same handbooks, written policies, and so on as ADT operations in other areas of the US.
The complaint alleges, to begin with, that service technicians were not paid for all hours they worked because some work was performed off the clock. According to the complaint, service technicians were required to be on call on alternate weeks, meaning that they had to be available to work on any day and at any hour and were therefore unable to schedule and use the time as they liked. However the complaint says, they were paid only $20 per on-call day plus wages for the hours they actually worked on service calls. Therefore, the complaint says, the bulk of the on-call hours, which they were not free to use as they liked, were unpaid.
In addition, the complaint says, because of ADT’s policy of scheduling service calls that took longer than projected and setting weekly quotas for service hours, technicians were not permitted proper meal breaks and rest periods, nor were they paid the additional money that is due them when such breaks and rest periods are skipped. Even worse, it says, the company clocked technicians in and out for breaks that they were unable to take, or altered records afterwards to show that breaks had been taken. The complaint claims that technicians were therefore not paid for the work they were actually performing during these phantom breaks, and, further, that the company did not correctly figure all of the overtime, incentive pay, bonuses, and other kinds of remuneration into the technicians’ pay.
The complaint claims that ADT added further violations of California labor law by failing to create and maintain accurate wage statements and payroll records.
Also, it claims, at the end of their employment with ADT, service technicians did not receive all of their wages within the appropriate time periods.
The complaint therefore accuses ADT of violations of the California Labor Code including unpaid overtime, unpaid minimum wages, lack of meal breaks and rest hours, failure to keep accurate wage statements and records; and related provisions in the California Business and Professions Code.