Federal lawsuit filed against Eddington Security, Bovis Lend Lease

Former employee claims companies failed to pay overtime, made illegal wage deductions


NEW YORK, Nov. 26 /PRNewswire/ -- A federal lawsuit alleges that two prominent New York security and project management/construction companies did not pay workers overtime and illegally deducted wages in violation of the federal Fair Labor Standards Act (FLSA) and the New York Labor Law, according to Outten & Golden LLP and co-counsel.

Marc Dorn, a former Eddington Security, Inc. employee from the Bronx, N.Y., filed suit late Tuesday in New York federal court against Eddington Security, Inc. and company founder, Mark Eddington, and Bovis Lend Lease, Inc.

Mr. Dorn worked for Eddington Security at 130 Liberty St., the former Deutsche Bank Building site that was destroyed in the attacks of Sept. 11, 2001. He alleges that he and other security guards regularly worked for Eddington Security and its clients, such as Bovis, in excess of 40 hours per week but were not paid time-and-one-half overtime compensation. According to the Complaint, they also worked more than 10 hours per day but were not paid spread of hours pay, and were subject to illegal wage deductions for license fees and mandatory uniforms.

Justin M. Swartz and Lauren E. Schwartzreich, of Outten & Golden LLP in New York, and Robert Ottinger, of The Ottinger Firm, P.C. in New York, represent Mr. Dorn and will seek to have the lawsuit certified as a class action that includes hundreds of other Eddington security guards. The lawsuit seeks to recover unpaid wages, spread of hour pay, uniform and license fee expenses, attorneys' fees and costs, interest, and liquidated damages.

Attorney Justin M. Swartz stated, "This is a case about a major security guard company that fails to pay its security guards all of the wages that they earn. Mr. Eddington, a former NYPD sergeant, should have ensured that his company followed well-known labor laws."

Attorney Robert Ottinger added, "We allege that the defendants intentionally, willfully, and repeatedly engaged in a pattern, practice, or policy of violating the FLSA and the New York Labor Law, and did not keep accurate records of employee hours worked."

The defendants are Eddington Security, Inc., Bovis Lend Lease, Inc., and Mark Eddington, who founded Eddington.

Eddington provides armed and unarmed security protection as well as property and personal protection services for office buildings, construction sites, hotels and retail shops throughout New York and New Jersey. Company clients include AOL-Time Warner Center, World Trade Center Recovery, 130 Liberty St., and the Metropolitan Transit Authority East Side Access project.

Bovis contracted with the Lower Manhattan Development Corporation to perform construction work at the former Deutsche Bank Building site. According to the lawsuit, the site is reported to be the most regulated demolition and asbestos abatement site in the nation. Bovis was cited for 44 workplace safety violations after two firefighters died extinguishing a fire at the site in August 2007.

The case is "Marc Dorn, et al., v. Eddington Security, Inc.,; Bovis Lend Lease, Inc.; and Mark Eddington," (Southern District of New York, Case No. 08 CV 10271).