Joseph Luna, acting as a private attorney general on behalf of the State of California, has filed a significant lawsuit against Corky's Pest Control, Incorporated and Anticimex California, Inc. The complaint was submitted electronically to the Superior Court of California in Ventura County on February 27, 2025. This legal action seeks to address numerous alleged violations of the California Labor Code under the Private Attorney General Act (PAGA).
The lawsuit brought forth by Joseph Luna accuses Corky's Pest Control and Anticimex California of various labor law violations that include failure to provide legally mandated meal and rest breaks, incorrect payment for all hours worked including overtime and sick pay wages, and failure to reimburse employees for business expenses such as personal cell phone use. The plaintiff claims that these companies systematically underpaid their employees by not accounting for incentive compensation when calculating overtime pay. Additionally, Luna alleges that employees were required to work off-the-clock during meal breaks and were not compensated for mandatory COVID-19 screenings conducted before clocking in.
According to the complaint, the defendants also failed to issue accurate wage statements reflecting true hours worked and applicable hourly rates. Furthermore, it is claimed that they did not provide suitable seating as required by law when the nature of work permitted sitting. These allegations are backed by specific references to sections of the California Labor Code such as §§ 201, 202, 203, among others.
Luna's lawsuit aims solely at recovering civil penalties under PAGA rather than seeking damages or restitution for individual grievances. He emphasizes that this is a representative action meant to enforce state labor laws on behalf of all aggrieved employees who have worked for Corky's Pest Control and Anticimex California from December 20, 2023, onwards.
The plaintiff seeks judgment awarding civil penalties as prescribed by PAGA along with attorneys' fees and costs incurred during litigation. This action underscores a broader effort to hold employers accountable for adhering strictly to labor regulations designed to protect workers' rights in California.
The legal team representing Joseph Luna includes Norman B. Blumenthal, Kyle R. Nordrehaug, Nicholas J. De Blouw from Blumenthal Nordrehaug Bhowmik De Blouw LLP based in La Jolla, CA. The case has been assigned Case No. 2025 CUGE039261 in Ventura County Superior Court.