Moore v Pinkerton's, Inc. & Securitas Security Services USA, Inc.
Texas Pinkerton Security Guards Seek Overtime
A statewide collective action has been filed in Texas against Pinkerton's, Inc. and its parent, Securitas Security Services USA, Inc. The action is brought on behalf of all Texas residents employed as security guards by Pinkerton's or Securitas who were not paid overtime compensation during their employment. The action is brought under the federal Fair Labor Standards Act and seeks statutory damages and back pay as well as injunctive and declaratory relief. As a collective action, all potential claimants must "opt-in" to be considered a member of the class. The guards have asked the court to issue notice to all potential claimants.
According to the guards, Pinkerton's and Securitas have a policy of requiring their employees to work during their lunch break. However, the guards allege that lunch is automatically deducted from their paychecks regardless of whether they have actually taken a break. As a result, according to the guards, they frequently work beyond 40 hours per week. As hourly employees, the guards claim that they are not exempt from receiving overtime compensation under the federal Fair Labor Standards Act. Under the act, all hourly employees are entitled to overtime compensation in the form of time and a half for all hours worked beyond 40 weekly. The guards claim that Pinkerton's and Securitas are well aware of federal requirements but have chosen to intentionally and willfully disregard such regulations. The guards allege that this activity occurs statewide as in engaged in by all Pinkerton and Securitas offices.
