Brooks v. The Griffin Security Agency, Inc. and Michael E. Smith

On March 27, 2015, several current and former employees of Griffin Security filed a putative class and collective action Complaint against The Griffin Security Agency, Inc. and Michael E. Smith in the U.S. District Court Southern District of New York, which is assigned case number 1:15-cv-2303.

Claims in the lawsuit:

The lawsuit alleges the following causes of action on behalf of the class and collective action members.

Failure to pay overtime under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). These claims are based on the allegations in the Complaint that Defendants failed to pay the parking coordinators and drivers overtime premium pay for each hour worked above forty in a week.

Record keeping violations under the NYLL. This claim alleges that Defendants failed to provide the class action members with a Notice and Acknowledgement of Pay Rate and Payday, as required by NYLL § 195. The Complaint therefore seeks to recover for the class members a civil penalty of $50.00 for each workweek that this violation occurred, with a maximum of $2,500.00 per class member.

Case Status:

  • On March 27, 2015, Plaintiffs filed the Complaint.
  • On July 12, 2016, the Court conditionally certified the collective action under the Fair Labor Standards Act. The collective action members include anyone who meets this definition: All individuals whom The Griffin Security Agency, Inc. employed and is employing as “parking coordinators” or “drivers” at any time since June 30, 2013. In conditionally certifying the collective action, the Court approved a notice about the lawsuit a form called the “Consent to become Party Plaintiff” to be mailed to all collective action members. The notice describes the nature of the case and the Consent form is what individuals must complete and return to assert their FLSA claims.
  • By January 3, 2017, individuals must fax, email or mail the Consent form if they want to become a collective action member and assert their FLSA claims.
  • The January 3, 2017 deadline is now closed.
  • One June 6, 2017, the Court referred this lawsuit to a Magistrate Judge for settlement purposes. This means a settlement conference will likely be held in the near future, during which a potential settlement will be discussed.
  • In September 2017, a settlement conference was held during which the parties reached a settlement in principle to resolve this case for all those who opted-in. The agreement will soon be submitted to the Court for approval.

Douglas Lipsky represents the Plaintiffs. Mr. Lipsky has significant experience representing employees in complex wage and hour class actions. You contact him if you have any questions at 212.444.1024 or

*This update is current as of October 16, 2017 and is based solely on information that is publicly available.