$90 Million Award In Landmark Class Action
LOS ANGELES, July 9, 2012 /PRNewswire/ -- On Friday, July 6, Los Angeles County Superior Court Judge John S. Wiley awarded $89.7 million in wages, interest and penalties to a class of approximately 15,000 former and present security guards in the case of Augustus v. ABM Security Services. The security guards were denied off duty rest breaks in violation of California law. ABM previously acknowledged that all of its security guards are required to remain on call during their so-called breaks, which the court found to be illegal. Judge Wiley ruled: "Put simply, if you are on call, you are not on break. That has been the law for many years."
ABM had previously obtained an exemption from the Department of Labor Standards Enforcements which legally allowed the guards to take on duty breaks, but when the exemption came up for renewal, ABM made a business decision not to renew the exemption, and instead decided to take their chances that the court would find their conduct to be legal.
Lead Counsel for the class, Drew Pomerance and Michael Adreani of Roxborough, Pomerance, Nye & Adreani, LLP were obviously pleased with today's ruling.
Pomerance comments, "We fought hard for seven years and are very grateful that the court agreed with what we have all along believed the law to be. ABM's conduct is the poster-child for how California businesses should not behave, and it's very satisfying to see a court finally hold them accountable."
Adreani comments, "This is a message to employers to remain diligent in complying with California's wage and hour laws. RPNA will continue to advise our employer clients on the proper means of conducting business in this State."
Drew Pomerance, Esq.: 818.992.9999, [email protected]
Michael Adreani, Esq.: 818.992.9999, [email protected]
Marlena Campbell, Media: 310.728.5722, [email protected]
Roxborough, Pomerance, Nye & Adreani, LLP (RPNA) is a Los Angeles-based law firm providing expert legal counsel and representation to the California business community. Established in 1995, the firm offers a broad range of legal services in all facets of civil litigation, with its primary focus on litigation, legislation and policymaking issues involving insurance and business related concerns. For more information, visit www.rpnalaw.com
SOURCE Roxborough, Pomerance, Nye & Adreani, LLP
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