Guardsmark sued for overtime violations www.privateofficer.com
San Jose, CA (PRWEB) July 31, 2011
A wage and hour class action lawsuit was filed on May 16, 2011 in Northern California against security guard company Guardsmark by the San Jose employment attorneys at Blumenthal, Nordrehaug & Bhowmik. The security guard wage and hour overtime lawsuit was filed in Santa Clara Superior Court and is entitled Houle v. Guardsmark, Case No. 111-CV-200976. Click here to read a copy of the wage and hour class action complaint filed against Guardsmark.
According to the class action complaint, “GUARDSMARK systematically failed to record and pay [Security Guards] minimum wages, wages for all hours worked and overtime wages” in violation of the California Labor Code. The complaint further alleges that the security guard company “intentionally and unlawfully failed to pay the security guards for time spent conducting mandatory security training.” One of the main contentions in the class action lawsuit is that “the mandatory training was not independent of employment with GUARDSMARK and was performed all to the detriment of the Security Employees and to the benefit of GUARDSMARK.” As a result, the security guards claim they were “not compensated at the applicable minimum and overtime wages for this unpaid training time.”
The complaint against Guardsmark filed by the San Jose employment attorneys at Blumenthal, Nordrehaug & Bhowmik also alleges that Guardsmark “unlawfully deducted earned wages from the Security Employees’ hourly compensation for uniform maintenance pay in violation of California Labor Code Section 221.” According to the complaint, after “deducting earned wages from the payments made by GUARDSMARK to the Security Employees and failing to pay them compensation for all earned wages, GUARDSMARK systematically miscalculated the overtime wages due” to the security guards. Moreover, the complaint filed by the employment attorneys alleges that “GUARDSMARK also failed to indemnify and reimburse the Security Employees for required expenses incurred in the discharge of their job duties” such as uniform maintenance pay.