Mercado v Security Industry Specialists, Inc

Frequently Asked Questions

  1. Am I being sued?
  2. What is this lawsuit about?
  3. Who are the Defendants?
  4. How do I know if I am part of the settlement?
  5. What if I am not included in the Class List?
  6. Can I be retaliated against if I do not submit my personal information?
  7. Do I have a lawyer in this settlement?
  8. How do I get more information?
  9. I lost/never received my Notice. Can you send it to me?
  10. Do I have to come to the hearing?
  11. Can I speak at the hearing?
  12. What is the status of the case?
  13. How can I change my address?
  14. My name has changed. How can I update my information?
  15. How do I get out of the settlement?
  1. Am I being sued?

    No. A lawsuit (Andres Mercado v. Security Industry Specialists, Inc., case no. 17CV320059) has been filed and is pending in the Superior Court of California, County of Santa Clara on behalf of the State of California in regard to current and former hourly Security Guard employees (“Aggrieved Employees”) employed by Security Industry Specialists, Inc. (“SIS” or “Defendant”). This is not a lawsuit against you, and you are not being sued.  

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  2. What is this lawsuit about?

    The employee (“Plaintiff”) claims that, among other things, Defendant failed to include incentive compensation when calculating the correct rate of pay for overtime hours worked, failed to provide required meal and rest periods, and failed to issue accurate itemized wage statements. The lawsuit seeks penalties under the California Private Attorney Generals Act.  Plaintiff contends that this lawsuit can be brought as a representative action on behalf of himself and the current and former non-exempt Security Guard employees who were employed by Defendant from December 11, 2016 to the present. Defendant SIS denies Plaintiff’s claims, and asserts that it paid Plaintiff and the alleged Aggrieved Employees the correct overtime rate, provided required meal and rest breaks, and provided accurate wage statements.  

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  3. Who are the Defendants?

    Security Industry Specialists, Inc.

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  4. How do I know if I am part of the settlement?

    If you received a notice, it is because SIS’s records indicate that you worked as an hourly Security Guard from December 11, 2016 through the present.  

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  5. What if I am not included in the Class List?

    If you did not recieve a notice you may not be part of the potential Class List that will be sent to Class Counsel. To see if you are on the class list please call (866) 855-5562

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  6. Can I be retaliated against if I do not submit my personal information?

    No.

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  7. Do I have a lawyer in this settlement?

    Yes. The court has appointed one to represent the class.

    BLUMENTHAL, NORDREHAUG & BHOWMIK
    Victoria B. Rivapalacio
    2255 Calle Clara
    La Jolla, CA 92037
    Telephone: (858)952-0354
    Facsimile: (858) 551-1232

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  8. How do I get more information?

    You may call toll free at (866) 855-5562 for more information.

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  9. I lost/never received my Notice. Can you send it to me?

    Yes. You can contact the class administator by mail, phone or email to request a notice be remailed to you

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  10. Do I have to come to the hearing?

    You are not required to attend the Final Approval Hearing, although any Settlement Class Member is welcome to attend the hearing

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  11. Can I speak at the hearing?

    No hearing is scheduled at this time. This Notice is purely for discovery purposes only.

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  12. What is the status of the case?

    Case is currently awaiting preliminary approval. This is purely for discovery purposes.

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  13. How can I change my address?

    Yes. You can contact the class administator by mail, phone or email to request your address be updated

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  14. My name has changed. How can I update my information?

    It may not be possible for your name to be changed in our records. Send your request to:

                                                                                Email: info@securityactionprivacy.com

     

    Mail your request to:

    Security Industry Specialists Representative Action,

    c/o KCC Class Action Services

    P.O. Box 404017

    Louisville, Kentucky 40233-9817

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  15. How do I get out of the settlement?

    If you don’t want benefits from this Settlement, and want to keep the rights that are being released, then you must take steps to exclude yourself – which is sometimes referred to as “opting-out” of the Settlement Class.  To do so, you must:

    1. Sign and return the enclosed (postage pre-paid) postcard toSecurity Industry Specialists Representative Action, c/o KCC Class Action Services P.O. Box 404017 Louisville, Kentucky 40233-9817
    2. Log on to the following website SecurityActionPrivacy.com ; and follow the prompts to indicate that you object to the disclosure of your personal information; or
    3. Send an email to the following address: info@securityactionprivacy.com to indicate that you do not want your personal information released to Plaintiff’s attorneys.

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