Class Action Alleges New York University Security Guards Not Paid for Donning/Doffing Uniforms

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In a proposed class action recently removed from state to federal court in New York, a former New York University security guard claims he and other guards weren’t paid for time spent changing into and out of mandatory uniforms.

According to the lawsuit, security guards are required to arrive at designated locker rooms, change into their uniforms, and meet with other guards before the start of each shift. Only then, the case says, are they permitted to travel to their assigned security post, which is “almost always” in a different building from the locker rooms. After each shift is over, the guards must wait for a relief guard to arrive before leaving their posts to travel to the locker rooms to change and store their uniforms for their next shift, the suit explains.

The plaintiff argues that the time spent changing and traveling before and after each shift is compensable time for which guards have not received any wages, including time-and-a-half pay for time spent working in excess of 40 hours in a week.