Pablo v. ServiceMaster Global Holdings, Inc. et al

Filing 349

ORDER RE: JURY INSTRUCTIONS (CLASSIFICATION INSTRUCTION) (SI, COURT STAFF) (Filed on 10/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RUBEN PABLO, BONNIE COURSEY, and
JOHN BAHR,

United States District Court
For the Northern District of California

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ORDER RE: JURY INSTRUCTIONS
(CLASSIFICATION INSTRUCTION)

Plaintiffs,

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No. C 08-03894 SI

v.
SERVICEMASTER GLOBAL HOLDINGS,
INC., et al.,
Defendants.

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In accordance with the agreement of the parties during a post-trial conference today, the
Classification Instructions to be given will read as follows:

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STRUCTURAL PEST CONTROL FIELD REPRESENTATIVES

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Plaintiffs were licensed as “Structural pest control field representatives.” As
such they were licensed to (1) secure structural pest control work, (2) identify
infestations or infections, (3) make inspections, (4) apply pesticides, and (5) submit bids
for or otherwise contract on behalf of a registered company.

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CLASSIFICATION OF WORK ACTIVITIES

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To determine whether an employee was an outside sales person, you must
identify the types of activities that employee customarily and regularly performed during
his or her work day and then determine whether each such activity was an outside sales
activity, or not. You must then determine the approximate average time you find the
employee spent on each of these activities.

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To determine whether an activity is an outside sales activity, you should consider
each activity separately and determine whether a person who performed only that
activity would be considered a salesperson. Related activity – such as preparation or

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paperwork – should be classified according to whether the underlying primary activity
was an outside sales activity or not.

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For a work activity to count as time spent performing outside sales activities, the
activity must occur away from the employer’s place of business.
If an employee travels to a destination to engage in both sales and non-sales
activities, the travel time must be apportioned between the two types of activities for
purposes of determining the total amount of time spent doing sales and non-sales work.

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IT IS SO ORDERED.
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Dated: October 24, 2011
__________________________
SUSAN ILLSTON
United States District Judge:

United States District Court
For the Northern District of California

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