Members of the small army of guards and other security workers hired to police the 95th PGA tournament at Oak Hill Country Club claim firms handling security for the storied golf contest stiffed them on pay.
Six men who worked for two firms that provided security services for the tournament separately target McCabe Associates Inc. and Streamline Security Services Inc. in wage-and-hour complaints.
Based in Gates, McCabe Associates has offices in New York City, Albany and Miami as well as South American branches in Argentina, Brazil, Columbia, Paraguay, Peru and Uruguay.
Streamline Security Services has its headquarters in Brooklyn, and bills itself as the largest firm of its type in the tri-state metropolitan New York region.
Both lawsuits were filed Oct. 10 in U.S. District Court in Rochester. Both are being handled by the same New York City lawyer, Kenneth Katz of Katz Melinger PLLC.
McCabe Associates CEO Mark McCabe and Streamline Security CEO Desmond Ojumu did not respond to requests for comment.
The PGA of America is not a defendant in either action.
By failing to give them and other temporary workers who checked tournament attendees credentials, managed crowds and handled other security functions extra pay for hours they worked over 40 in a single week the firms violated the federal Fair Labor Standards Act’s overtime pay provisions, the security guards claim.
The largely identically worded court complaints each seek either class-action or collective-action status.
Class-action and collective-action lawsuits are designed to handle complaints of similarly situated plaintiffs—individuals with nearly identical claims against a single defendant but who are too numerous to practically file individual complaints.
In class actions, any plaintiff who fits the description of an injured party is automatically eligible to collect damages if plaintiffs win or wring a settlement out of an employer. Plaintiffs who think they can get a better deal pressing their own case individually have to opt out of the suit or take whatever is won in the class action.
In collective actions, only plaintiffs who opt in before the case is tried or settled can collect damages.
Filed in the name of a single lead plaintiff, the McCabe Associates complaint states that individual worked in the PGA tournament security detail between Aug. 5 and Aug. 16.
Five lead plaintiffs are cited as having worked security at the Oak Hill PGA event between Aug. 2 and Aug. 21 in the Streamline Security Services action.
Both court complaints estimate the approximate number of temporary workers the security firms allegedly shorted on overtime pay at 100.
(c) 2013 Rochester Business Journal. To obtain permission to reprint this article, call 585-546-8303 or e-mail firstname.lastname@example.org.