Brooks v. Griffin Security – Case Status
- Posted on: Jan 22 2018
Scope Of Class And Collective Action Members:
The lawsuit is brought on behalf of all individuals whom Defendants employ or have employed as parking coordinators or drivers at any time since March 24, 2009.
Claims in the lawsuit:
The lawsuit alleges the following causes of action on behalf of the class and collective action members.
- Failure to pay overtime under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). These claims are based on the allegations in the Complaint that Defendants failed to pay the parking coordinators and drivers overtime premium pay for each hour worked above forty in a week.
- Recordkeeping violations under the NYLL. This claim alleges that Defendants failed to provide the class action members with a Notice and Acknowledgement of Pay Rate and Payday, as required by NYLL § 195. The Complaint therefore seeks to recover for the class members a civil penalty of $50.00 for each workweek that this violation occurred, with a maximum of $2,500.00 per class member.
- On September 27, 2017, the parties reached a settlement in principle to resolve the claims for $150,000.
- On May 31, 2018, the Court entered an Order scheduling a hearing for June 29 at 2:30 p.m. to determine the fairness of the settlement.
- On June 29, 2018, the Court granted preliminary approval of the settlement and authorized a notice to be mailed to everyone who joined the case.
- On Friday, November 9, the Court-approved notice was mailed to everyone who elected to join (i.e, “opt-in”) to the case.
- On February 21, 2019, the Court issued its Order granting final approval of the settlement. Under this Order, the first payments will go out on April 8, 2019 and then every subsequent 30 days. Below is a schedule listing when those payments will be made and the amounts. Because not everyone participated in the settlement, those who submitted timely claim forms are receiving more than what was listed on the form you received in the mail. Because of the amount to be allocated per month and the various amounts owed to the class members, some payments are spread out over more than one month. The amounts listed on the chart are the gross amount. Meaning, taxes and deductions will be taken from these amounts.
- Pursuant to the Court’s Order, the first batch of checks were to be mailed on April 8, 2019.
- Defendants have advised they presently lack the funds to make the first payment so NO checks have been issued – not to any plaintiffs and not to the lawyers. We have informed the Court of this.
- A settlement conference is scheduled with the Court on June 18 at 10:30. This is, essentially, a conference to understand when Defendants can make the payments and under what terms. It will be at the US District Court for the Southern District of New York, 40 Centre Street, Courtroom 228 and it will before Magistrate Judge Kevin Nathaniel Fox. (This conference was previously scheduled for May 28).
- To date, no checks have been issued – not to any plaintiffs and not to the lawyers.
*This update is current as of May 29, 2019