Case Update: November 30, 2012
Wage and overtime lawsuit seeks collective-action status.
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Check back often for updates. We answer these common questions below:
- What is the Spartan Security case about?
- What are we claiming to recover?
- How do I join this case?
- Do I have to pay anything?
- Who is eligible to join the Spartan Security lawsuit?
- What time frame is covered?
- How do I prove how much I am owed?
- Will I be fired for joining this lawsuit?
- Which locations are included?
- How do I get more information about the Spartan Security case?
See below for Spartan Security FAQs.
1. What is the Spartan Security lawsuit about?
On October 16 2012, a Spartan Security guard filed a federal wage lawsuit on behalf of all security guards at all of the Spartan Security offices. The Spartan Security employees regularly worked more than 40 hours a week as security guards. These employees were not compensated one-and-one-half times the regular pay rate for all hours worked over forty in a workweek as required in the Fair Labor Standards Act. In fact, they were paid their same hourly rate wage for every hour after forty hours and that does not comply with the Fair Labor Standards Act either. The employees who filed the lawsuit claim that other security guards were paid under the same compensation system and should have the right to join the lawsuit to make a claim for back wages.
The lawsuit was filed as a "collective action," which means that only employees who sign a consent form and join the lawsuit will be part of the lawsuit
2. What are we claiming to recover?
The employees seek to recover compensation for their unpaid overtime, liquidated damages, and attorney's fees as required by the FLSA for the past three years before this lawsuit was filed.
3. How do I join this case?
To make a claim in this action under federal law, you must complete a Consent Form and return it to us for filing with the Court.
4. Do I have to pay anything?
We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief through either a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.
5. Who is eligible to join the Spartan Security lawsuit?
This lawsuit seeks collective-action certification under the Fair Labor Standards Act. If granted, this means all other similarly situated Spartan Security employees may be able to recover unpaid overtime and minimum wage compensation.
6. What time frame is covered?
There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within three (3) years of joining the lawsuit by completing a Consent Form and returning it to us.
7. How do I prove how much I am owed?
When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed. If you do have records, however, you should not throw them away.
8. Will I be fired for joining this lawsuit?
It is illegal for an employer to retaliate against you for joining this lawsuit. Retaliation can include: terminating you, changing your hours, reducing your pay, changing your position, or taking any other action in retaliation for joining this lawsuit.
The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims. If you currently work for Spartan Security and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.
9. Which locations are included?
Spartan Security has offices in Dallas and Houston, Texas. The lawsuit alleges that the wage violations took place throughout Texas.
10. How do I get more information about the Spartan Security case?
If you would like more information that about this case, please contact the attorneys at our firm assigned to prosecute this case:
Toll Free: 1-855-947-0707