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This settlement is closed!
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A settlement has been proposed in a class action lawsuit alleging Securitas Security Services USA Inc. improperly failed to include annual lump-sum vacation pay that was paid upon an employment anniversary when determining the rate used to calculate overtime pay.
The Securitas class action lawsuit was filed by plaintiff Michael Deatrick, who worked as a security guard for Securitas for several years until he was laid off.
He claims that Securitas failed to take into account the payment security guards received in connection with the company’s “Vacation Pay Plan” when calculating overtime payments, and that the security guards were not paid the full overtime compensation they were owed.
According to the Securitas class action lawsuit, the terms of the Vacation Pay Plan state: “A Contract Services Employee shall not receive any pay during his vacation. Rather, all vacation pay benefits shall be paid annually in a lump sum as soon as possible following the Contract Services Employee’s Anniversary Date.”
Deatrick claims that Securitas improperly treated the payments as vacation payments under the Fair Labor Standards Act, even though the payments were effectively retention or productivity bonuses.
He also asserts that an employee who ends his or her employment before his anniversary date for any reason does not receive vacation benefits for that year.
The unpaid overtime class action lawsuit alleges claims against Securitas for failure to pay overtime wages, inaccurate wage statements, waiting time penalties, and violation of California’s Unfair Competition Law.
Securitas USA denies that it is liable but it has agreed to pay $2.55 million to settle the overtime pay class action lawsuit. The Securitas settlement received preliminary approval on April 7, 2016.
The deadline to opt out of the Securitas USA settlement passed on June 20, 2016. However, Class Members who wish to object to the class action settlement have until Aug. 18, 2016 to file a written objection.
Who’s Eligible
Class Members include all current and former employees of Securitas USA who:
- Were employed in California as security employees at any time between Oct. 28, 2009 and Dec. 31, 2015;
- Received annual lump-sum vacation pay upon an anniversary of employment any time after Oct. 28, 2009; and
- Who were required to be employed on their anniversaries of employment to receive vacation pay.
Potential Award
Varies.
The amount of pay each Class Member is eligible to receive will be calculated based on the amount of additional compensation they would have received if vacation pay had been included in the rate used to calculate overtime pay.
It is estimated that the average payment will be $38.37.
Proof of Purchase
N/A
FAQs
Claim Form Deadline
N/A. There is no Claim Form for this class action settlement. Class Members who did not opt out will automatically receive payment from the Securitas settlement.
Case Name
Michael Deatrick v. Securitas Security Systems USA Inc., Case No. 3:13-cv-05016-JST, in the U.S. District Court for the Northern District of California
Final Hearing
9/22/2016
Settlement Website
www.SecuritasVacationLawsuit.com
Claims Administrator
Deatrick v. Securitas Settlement Administrator
c/o Rust Consulting Inc. – 5124
P.O. Box 2396
Faribault, MN 55021-9096
(866) 458-3185
Class Counsel
Eduardo G. Roy
Daniel C. Quintero
John R. Hurley
PROMETHEUS PARTNERS LLP
Defense Counsel
Sherry B. Shavit
THARPE & HOWELL LLP
J. Kevin Lilly
LITTLER MENDELSON PC
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10 thoughts onSecuritas Security Services USA Class Action Settlement
Just like Gssc…..over worked under paid. An if ur not good friends with the “office” ur nothing. I’m glad I don’t work for eather company.
Securitas is a rip off
Glad to know I’m not the only one that filled out all the paper work and never got a dime. I spent 3 years of working so much overtime that sometimes I didn’t know what day it was and sometimes I would work days of working 12 hours and only getting 6 hours off in between and had just had surgery on top of that. My friends thought I was going to die working there.
I worked for them for 11yrs I signed the paper work and still haven’t received and money or updates.
Me either I receive the paperwork filled it out send it back and then get anything
got $33 from it. Actually I thought I would’ve gotten more.
Thank the court judge to allow more people join a year after the time to opt in closed.
Securitas hadn’t given me any breaks in over 9 years which let me include how I’ve done 13 days straight some shifts over 10 hours. I’m getting constant harassment to sign agreement contracts. I won’t do
Thanks Deatrick and Attorneys, received unexpected check for $310 after taxes. We still don’t get vacation check if you leave before anniversary date. Those funds are due since it’s computed by previous year hours. Securitas can’t get it correct, will continue to pay out with settlements.
What’s the purpose of this lawsuit, taking forever to finish, and the compensation is so low, it’s not even a whole $40?
same here i been trying to get ahold of john hurley this asshole never takes my calls he just ignores me going to keep calling him till i do