Security Guards Awarded After Denial of Duty-Free Breaks in California

A California judge granted final approval in a class action wage and hour lawsuit settlement, which alleged Wackenhut failed to provide adequate breaks to their employees.

The settlement amount of $2 million will resolve the claims for 573 security guards, who alleged they were denied duty-free breaks in California.

The settlement includes compensation for all missed wages, as well as one third cut for attorneys’ fees.

Superior Court Judge William F. Highberger signed off on the settlement, to which he had given preliminary approval in March 2016.

The class action wage and hour lawsuit was filed by lead plaintiff Sylvia M. Maresca in June 2007.

Maresca alleged the company committed several state labor law violations including denying security guard duty-free breaks in California. The company allegedly used on-duty meal period waivers that forced employees to work during meal periods and rest breaks.

Overview of Class Action Minimum Wage Settlement

In order to accommodate the settlement, the court certified a class for meal break violations and failure to provide adequate wage statements.  A subclass has also been made for claimants alleging the company failed to pay them overtime wages and uniform reimbursement.

The settlement class consists of security guards employed by Wackenhut Corp subsidiary from June 27, 2003 to March 23, 2016, who were allegedly denied duty-free breaks in California.

Judge Highberger also gave final approval to the class action attorney’s request for $666,666 in attorney’s fees, which is 33% of the settlement.

The plaintiffs stated their attorneys had worked over 1,237 hours on their case in their motion for approval, with the settlement also providing an additional $5,000 to Maresca as the class action representative.

Judge Highberger also inquired about a larger putative class action lawsuit Wackenhut Corp. was facing, which recently appeared before a California appeals panel. This additional class action involves 13,000 security guards, who were also allegedly denied rest breaks and duty-free breaks in California.

The class urged the California appeals court panel to reinstate their class action certification on their minimum wage violation claims, stating the trial court misread the landmark Supreme Court case Wal-Mart v. Dukes. The trial court stated their class trial would not be possible, based on the Supreme Court’s ruling.

During oral arguments for this case in Los Angeles, class action representatives had argued there was strong basis for a California class action wage and hour lawsuit. In the meantime, the 573 guards approved for the settlement can enjoy victory over their denied duty-free breaks in California.

The Denied Duty-Free Breaks Class Action Lawsuit is Wackenhut Wage and Hour Cases, Case No. JCCP4545, in the Superior Court of the State of California for the County of Los Angeles.

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If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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