Brown v. KA Investigations–Security, LLC Civil Case No.: 1:18-cv-05520

New Class and Collective Action filed in the Southern District of New York
Brown v. KA Investigations–Security, LLC Civil Case No.: 1:18-cv-05520

On June 19, 2018, Plaintiff, Mr. Brown, filed a class and collective action lawsuit against KA Investigations–Security, LLC for overtime and minimum wage violation of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes Rules and Regulations (“NYCCRR”).  The complaint alleges as follows:

Mr. Brown worked for Defendants – a private security company – as a construction site security guard in the Bronx from around August 21, 2017 until April 15, 2018.  Most of Plaintiff’s duties consisted of performing manually laborious tasks including: conducting site inspections and walk-throughs, handling tools and equipment on constructions sites and running various errands for Defendant. Apart from the first few weeks of Plaintiff’s employment, Defendant required Mr. Brown to work, and he did in fact work, over forty hours each week. Defendant paid Plaintiff Brown at the rate of $11.00 per hour for all hours worked.  Thus, Defendant’s failure to pay Plaintiff overtime compensation of one and one-half times his regular rate of pay was in violation of the FLSA, NYLL, and NYCCRR.  Moreover, by paying Plaintiff at an hourly rate of $11.00 for all hours worked from December 31, 2017 until his termination on April 15, 2018, Defendant further violated the NYLL and NYCCRR requirements that employers pay employees at least at New York’s statutory minimum wage rate of $13.00 per hour.  Additionally, Defendant often required Plaintiff to work twelve hour shifts from 7 a.m. to 7 p.m. on weekends.  However, although Plaintiff’s shifts exceeded ten hours from beginning to end, Defendant failed to compensate Mr. Brown an additional hour’s pay at the minimum wage rate, as the NYLL and NYCCRR require.  Furthermore, Defendant failed to provide Plaintiff with a wage notice at the time of his hire or weekly wage statements that accurately listed his overtime rate of pay for all hours worked over forty each week.

Finally, Plaintiff alleges that there are other current and former security guards in New York City, New Jersey, and Pennsylvania who have been treated and paid by Defendant in the same manner.  Accordingly, Plaintiff brings this lawsuit on his own behalf and on behalf of others similarly situated, pursuant to the applicable provisions of the FLSA and the Federal Rules of Civil Procedure.

If any individual is or has previously been an employee for the Defendant named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.