UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHALICKA STITH-MORALES, individually and on behalf of all persons similarly situated,
Plaintiff,
vs.
PALAMERICAN SECURITY, INC.,
Defendant.
Court File No. 2:24-cv-00776-DSC
JUDICIAL NOTICE OF LAWSUIT
TO: ALL CURRENT AND FORMER HOULY, NONEXEMPT ARMED AND/OR NON-ARMED SECURITY GUARDS EMPLOYED BY PALAMERICAN SECURITY, INC. FROM MAY 24, 2021, TO THE PRESENT.
RE: FAIR LABOR STANDARDS ACT OVERTIME ACTION FILED AGAINST PALAMERICAN SECURITY, INC.
1. INTRODUCTION
The purpose of this Notice is to: (i) inform you of the existence of a collective action lawsuit against PalAmerican Security, Inc. (“PalAmerica”) for overtime compensation alleging violations of the Fair Labor Standards Act (“FLSA”), (ii) to advise you of how your rights might be affected by this lawsuit, and (iii) to instruct you on the procedure for making a claim in this action, if you choose to do so.
2. DESCRIPTION OF THE LAWSUIT
A lawsuit was filed against PalAmerican by Shalicka Stith-Morales (“Plaintiff”) on behalf of herself and all other similarly situated armed and non-armed Security Guards. Specifically, the lawsuit contends that PalAmerican failed to properly record and pay all hours worked over the three-year period before the lawsuit was filed, and that these individuals are owed overtime compensation for time they worked in excess of 40 hours per week. The lawsuit contends that the following types of previously non-compensated, off-the-clock activities are to be included in calculating the hours a security guard worked during a workweek for the purpose of determining overtime compensation: (1) the time spend effectuating a 'daily briefing' or 'pass down,' (2) the time spent when replacement co-workers failed to report for work, and (3) the time spent off duty responding to employer-based inquiries about job-related matters. The lawsuit alleges PalAmerican’s policies of requiring employees arrive early to work, and clock in and out through a telephone number are some of the reasons this off-the clock-time is uncompensated. PalAmerican denies the allegations and contends that it properly paid all Security Guards.
3. COMPENSATION SOUGHT FOR THE WORKERS
Plaintiff has sued PalAmerican to recover overtime compensation on behalf of herself, and on behalf of all non-exempt hourly-paid Security Guards who worked at any location throughout the United States. Plaintiff also seeks an additional amount for liquidated damages equal to the amount of overtime compensation owed, as well as attorneys’ fees and costs to be paid by PalAmerican.
4. NO RETALIATION PERMITTED
The law prohibits retaliation against current or former employees who exercise their rights under the FLSA. Thus, PalAmerican are prohibited from retaliating against you in any manner, including reducing hours worked, assigning unfavorable shifts, taking adverse employment action against you, or firing you, because you have joined and/or participated in this lawsuit.
5. HOW TO PARTICIPATE IN THIS LAWSUIT
Enclosed you will find a form entitled “Consent to Become a Party Plaintiff” (“Consent Form”). You must file a Consent Form to join this lawsuit as a party plaintiff. You may join, or “opt in” to, this lawsuit by submitting your “Opt-in Consent Form to the Claims Administrator by: (1) visiting the following website stith-morales-v-palamerican-security.phoenixcases.com and submitting your completed Consent Form electronically, (2) emailing your completed Consent Form to info@phoenixclassaction.com, or (3) mailing your completed Consent Form to Phoenix Settlement Administrators at the following address:
PALAMERICAN FLSA LITIGATION
c/o Phoenix Settlement Administrators
P.O. Box 7208
Orange, CA 92863
The Consent Form MUST be received in sufficient time for Plaintiff’s Counsel to file it with the Court on or before September 15, 2026.
If you choose to join this lawsuit, you will be bound by the judgment or any settlement of this action. If you choose to file a Consent Form, your continued right to participate in this suit may depend on a later determination by the Court that you and the Plaintiff is actually “similarly situated” in accordance with federal law and that your claim has been filed within the applicable time limits.
If you complete the enclosed Consent Form, you will be designating Plaintiff and her attorneys to act on your behalf and to represent your interests. Plaintiff’s counsel has taken this case on a contingency basis and/or statutory basis. This means that if there is no recovery, you will not have to pay attorneys’ fees out of your own pocket. Should there be a recovery, Plaintiff’s Counsel will seek to recover their attorneys’ fees and costs from PalAmerican. Plaintiff’s Counsel will also receive a part of any settlement obtained or money judgment entered in favor of the members of the similarly-situated workers, the specific amount of which would be set by the Court.
If at the end of the case the Court concludes that the Defendant was the prevailing party, the Defendant may request that the Court award court costs to them and against the Plaintiffs in this case. Plaintiffs could oppose any such request. Those court costs could include fees for transcripts and printing, witness fees, certain copying costs, docket fees and the fees of any Court-appointed experts. They would not include the Defendant’s attorneys fees or expert fees. Whether any such court costs would be awarded would be determined by the Court at the appropriate time. If you retain Schneider Wallace Cottrell Kim LLP as your lawyers in this case, they have agreed that should such court costs be awarded, they and not the Plaintiffs would be responsible for paying them.
6. YOUR TIME TO JOIN IS LIMITED
The Consent Form must be returned within ninety (90) days from the date this notice was mailed, i.e., postmarked no later than September 15, 2026.
7. EFFECT OF NOT JOINING THIS LAWSUIT
If you do not file a Consent Form to join this case, you will not participate in this FLSA lawsuit and will not be bound by any judgment or settlement of the FLSA claims. If you so choose, you may pursue your FLSA claim on your own, and you may select your own counsel. The pendency of this current lawsuit, however, will not stop the running of your time limit as to overtime claims you might have under the FLSA unless you join this lawsuit by returning the Consent Form. In other words, you may lose some or all of your rights if you do not act now.
8. NO OPINIONS EXPRESSED AS TO THE MERITS OF THE CASE
This Notice is for the sole purpose of determining the identity of those persons who may be entitled to and wish to participate in this case, and any potential judgment or settlement. The Court has expressed no opinion regarding the merits of Plaintiff’s claims or the Defendant’s liability, if any, and individual claims may be subject to later dismissal if the Court ultimately finds that the claims lack merit or that they cannot be litigated on a collective basis, or for other reasons. There is no assurance at this time that any relief will be granted, nor if granted, the nature and amount of relief.
9. LEGAL COUNSEL
The Attorneys representing Plaintiff, and the Security Guards who join this case are as follows:
Carolyn H. Cottrell
Ori EdelsteinPhilippe M.J. Gaudard
SCHNEIDER WALLACE COTTRELL KIM LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Fax: (415) 421-7105
ccottrell@schneiderwallace.com
oedelstein@schneiderwallace.compgaudard@scheniderwallace.com
Gary F. Lynch
Jamisen A. Etzel
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
10. Where Can I Get More Information?
If you have questions about this Notice, or if you did not receive this Notice and you believe that you are or may be one of the workers affected, you should contact Plaintiff’s Counsel.
This Notice is only a summary. For more detailed information, you may review the Lawsuit and other documents for this case at the Notice website, which can be accessed at stith-morales-v-palamerican-security.phoenixcases.com.
PLEASE DO NOT CONTACT THE COURT, THE CLERK OF THE COURT, OR THE JUDGE FOR INFORMATION ABOUT THE LAWSUIT. THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE COURT, BUT THE COURT HAS MADE NO DECISION IN THIS CASE ABOUT THE MERITS OF PLAINTIFF’S CASE OR PALAMERICAN’S DEFENSES.