PPA Security Officers Allege Illegal Wage Deductions in Class-Action Lawsuit
A class-action lawsuit was filed this week in U.S. District Court in Philadelphia accusing the Philadelphia Parking Authority (PPA) of violating labor laws by deducting time from security officers’ paychecks for breaks they are required to work.
The suit, brought by terrez McCleary, a PPA security officer since 2018, claims the PPA is in violation of the federal Fair Labor Standards Act, as well as two Pennsylvania state labor laws. McCleary and other security officers are responsible for monitoring and securing PPA impoundment lots throughout the city,including a facility on Oregon Avenue.
According to the lawsuit, PPA policy mandates 30-minute meal and rest breaks for all security officers, but these breaks are not truly free. Officers are required to remain at their assigned posts,continuing to monitor vehicle and pedestrian traffic,assist customers,and operate the entry and exit gates of the impoundment lots during this time. The lawsuit argues these breaks are “illusory” and that deducting the time from paychecks is illegal.
The legal team at Pond Lehocky Giordano, representing McCleary, believes the suit applies to a class of at least 20-30 current security officers. This number could considerably increase if former employees from the past three years are included, as that is the timeframe for filing a collective claim.
The lawsuit alleges the PPA’s actions were intentional and have resulted in the deprivation of regular wages and overtime pay that would have been earned had the break time not been deducted. McCleary reportedly voiced her concerns to her supervisor on multiple occasions, but her complaints were dismissed. The suit further alleges that when McCleary informed her supervisor she intended to seek legal counsel, he responded by “laughing at her.”
The lawsuit seeks a jury trial and requests the court certify McCleary as the representative of the class of security officers. It also requests damages for all unpaid wages, attorney fees, and other appropriate restitution.
The PPA declined to comment on the pending litigation when contacted tuesday.
