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Indiana Employees of U.S. Security Associates Claim Overtime Theft

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Case ID: 3067 | Employment | 01/20/2004

A collective action has been filed in Indiana against U.S. Security Associates, Inc. The action is brought on behalf of all Indiana residents who worked as security guards for U.S. Security and who were denied proper overtime compensation. The action is brought under the federal Fair Labor Standards Act as well as Indiana state labor and contract law and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all claimants that wish to join the action must voluntarily "opt-in" to the action. The guards have asked the court to notify all potential claimants.

According to the guards, U.S. Security has a longstanding policy of willfully denying its hourly employees overtime wages. The guards claim that as part of their daily routine they are required to arrive at least 15 minutes prior to actually going on the clock. During this time they are allegedly required to wait in a room for their shift to begin. According to the guards, they are forbidden from using the time for anything personal. Additionally, the guards claim that in an average work week they are often called upon to work beyond the typical shift and are not compensated for any time worked beyond 40 hours week. Under the federal Fair Labor Standards Act, all hourly "non-exempt" employees are entitled to wages of time and a half for all hours worked in excess of 40 per week. Employees that work on an hourly basis in a non-managerial capacity, as the guards were employed, are considered not exempt from overtime compensation. Additionally, the guards claim that the denial of overtime wages amounts to conversion, breach of implied contract and unjust enrichment on the part of U.S. Security under Indiana law. This case was originally filed in Indiana state court, however it was removed to Indiana federal court. It is expected that the court will exercise jurisdiction over the state based claims as well as the federal claims.


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