A statewide collective action has been filed in New York by security guards employed by the Wackenhut Corporation. The action is brought on behalf of all security guards employed by Wackenhut who were not paid overtime hours for time worked during "the turnover" period, or the time when relief guards came in to take over duties from the outgoing guards. According to the guards, Wackenhut has violated the federal Fair Labor Standards Act as well as New York labor law. The action seeks compensatory and liquidated damages as well as declaratory and
injunctive relief. As a collective action, all potential claimants must "opt-in" to the action in order to be considered. The guards have requested that the court issue notice to all potential claimants.

According to the guards, Wackenhut employed them as hourly employees who were not exempt from overtime pay under the Fair Labor Standards Act. However, the guards claim that during "turnover" periods, they were off the clock but still working. During the shift turnover, it was the responsibility of the outgoing guards to brief the incoming relief guards and prepare them for their shift. This off the clock activity occurred every time guards were on duty. The guards allege that under the Fair Labor Standards Act, they are entitled to time and a half for all hours worked beyond 40 hours. They claim that having to work during the turnover period resulted in them working well beyond 40 hours each week. The guards assert that Wackenhut was well aware that they were violating federal and state law and that their conduct was willful and intentional. According to the guards, Wackenhut is one of the nation's largest private security companies and the potential class of claimants in New York is quite numerous.