Farris, Riley & Pitt LLP represents Plaintiffs in two lawsuits against CPS. One lawsuit alleges violations of the Fair Labor Standards Act (FLSA) for all rover and hourly security guard employees working outside the State of California. In essence, the Plaintiffs allege that they were not paid for all hours worked. Plaintiffs also claim they were not paid overtime for all hours worked in excess of forty hours in a work week. A second lawsuit, on behalf of all rover and hourly security guard employees working within the State of California, alleges violations of the California Labor Code and the California Business & Professions Code. Included in the California lawsuit are claims for missed meal and rest periods, improper overtime compensation, unpaid reimbursements for uniform expenses, and unfair business practices. The lawsuit, which alleges, FLSA violations was certified by the Superior Court of Orange County, California as a nation-wide opt-in collective action. At the same time, the Orange County Superior Court granted class action certification to the lawsuit alleging claims under California state law. The lawsuits are styled Martin Hoke, et al. v. Construction Materials, Inc.
By order of the California Judicial Council, the two lawsuits described were coordinated with several other lawsuits pending against CPS. One such lawsuit has also been certified as a class action and involves all trailer security guards employed within the State of California. As part of the coordination order, the two Hoke lawsuits were transferred to the Superior Court for Los Angeles County and assigned Judicial Council Coordination Proceeding No. 4605.
The Los Angeles Superior Court has directed that notice of the two Hoke lawsuits be mailed to all hourly and rover security guards that are eligible to participate in one or both of the lawsuits. Notice of these lawsuits was mailed to 10,967 current and former CPS employees on September 7, 2010. The deadline to respond is currently set for October 7, 2010.
Attorneys Kirby Farris and Adam Clayton from the Birmingham, Alabama law firm of Farris, Riley & Pitt LLP represent the class and collective action members. They are joined by attorneys Greg Petersen and Elizabeth Barker from The Petersen Law Firm based in Costa Mesa, California.