Carrasquillo v. Westech Security and Investigation Inc.
- Vyskocil
- 1:23-cv-04931
- U.S. District Court · Southern District of New York
- 3
In Carrasquillo v. Westech Security, Judge Vyskocil granted conditional FLSA collective certification for New York security guards but denied it for patrol drivers and site supervisors.
Ana Carrasquillo; similarly situated security guards employed by Westech Security and Investigation Inc. in New York State on or after October 18, 2021; and Westech, which must provide specified information about potential collective members. Patrol drivers and site supervisors were excluded from the potential collective.
What happened
Ana Carrasquillo sued Westech Security and Investigation Inc. under the Fair Labor Standards Act and New York Labor Law. She asked the court to conditionally certify a group of workers who could pursue the Fair Labor Standards Act claims together and to approve a notice to those workers.
The court adopted Magistrate Judge Figueredo’s recommendation in full after no party objected. It granted certification for similarly situated security guards employed by Westech in New York State on or after October 18, 2021, but denied certification for patrol drivers and site supervisors. The court also approved a revised notice, authorized delivery by mail, email, and text message, and ordered Westech to provide specified information about potential collective members, excluding Social Security numbers.
Judge Mary Kay Vyskocil also tolled, or paused, the statute of limitations from October 18, 2024, when Carrasquillo filed the motion, through June 2, 2025, the date of the order. The order required Carrasquillo to submit an amended proposed notice within two weeks and required Westech to produce the ordered information within two weeks.
The detailed version
- Carrasquillo v. Westech Security and Investigation Inc. · No. 1:23-cv-04931
- Vyskocil
- June 2, 2025
Background
Ana Carrasquillo brought claims against Westech Security and Investigation Inc. under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., and the New York Labor Law. She moved for conditional certification of an FLSA collective action and for approval of a proposed notice to potential collective members.
On April 23, 2025, Magistrate Judge Figueredo issued a Report and Recommendation. It recommended that conditional collective certification be granted for similarly situated security guards employed by Westech in New York State on or after October 18, 2021, but denied for patrol drivers and site supervisors. It also recommended approval of the proposed notice as modified, authorization to distribute the notice by mail, email, and text message, production of specified information about potential collective members, and tolling of the statute of limitations from October 18, 2024, the date Carrasquillo filed the motion, until the district court ruled.
Court’s Review and Ruling
The deadline for objections was May 7, 2025. No objections were filed. Judge Mary Kay Vyskocil found no clear error and adopted the Report and Recommendation entirely.
The court ordered the following:
- Carrasquillo’s motion for collective action certification was granted as to all similarly situated security guards employed by Westech in New York State on or after October 18, 2021. - The motion was denied as to Carrasquillo’s request to include patrol drivers and site supervisors in the potential collective. - The proposed notice was approved as modified by the Report and Recommendation. Distribution by mail, email, and text message was authorized. - Carrasquillo was ordered to submit an amended proposed notice for court approval within two weeks. - Westech was ordered, within two weeks, to provide the names, employment dates, addresses, mobile telephone numbers, email addresses, titles, and compensation rates of potential collective members. Social Security numbers did not have to be provided. - The statute of limitations was tolled from October 18, 2024, through June 2, 2025.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.