Brooks v. Griffin Security – Case Status
- Posted on: Jan 22 2018
On March 27, 2015, Several Current And Former Employees Of Griffin Security Filed A Putative Class And Collective Action Complaint Against The Griffin Security Agency, Inc. And Michael E. Smith In The U.S. District Court Southern District Of New York, Which Is Assigned Case Number 1:15-Cv-2303.
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.
- The Named Plaintiffs and Defendants have agreed to a settlement agreement, resolving the claims here. After it is signed by the Named Plaintiffs and Defendants, the Agreement has to be submitted to the Court for approval. Assuming the Court approves it, a notice will be sent out to all those who joined the case advising them of the settlement and its term. If you have joined the case, it is important that you make sure the U.S. Postal Service has your most current address.
- 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. The hearing will be before Judge Koeltl at 500 Pearl Street, Courtroom 14A.
- 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. The notice should be mailed within the next few days. To ensure you receive the notice, you should make sure the U.S. Post Office has your most current address. If you do not receive the notice by mid-August, please contact Doug Lipsky at firstname.lastname@example.org
- As of September 17, the notice was not mailed because Griffin Security learned it was missing key data for plaintiffs days before the mailing was due to be mailed. The company has since subpoena’ed that information from the third party and the notice will be mailed once that information is obtained. That third party is, however, refusing to produce the requested information for a variety of reasons. The Court is aware of this development and is involved.
- No money has been distributed to anyone.
- During a Friday, October 12 at 4 p.m. Court conference, Defendants represented to the Court that they will shortly receive the necessary information for the notice to be mailed.
- Another court conference was held on October 30 at 5 p.m.
- On Friday, November 9, the Court-approved notice was mailed to everyone who elected to join (i.e, “opt-in”) to the case.
- The hearing at which the Court will decide whether to grant final approval of the settlement is scheduled for February 12, 2019 at 4:30 p.m. The Court must grant final approval before any part of the settlement is distributed. The first settlement payments will be issued within 30 days of the Court granting final approval. As explained in the notice you received, payments will be issued based on the order your claim form was received: the first to submit their claims forms will be the first to be paid.
- To date, no money has been distributed to any class members or counsel. Again, no checks have been mailed to anyone.
*This update is current as of January 29, 2019.