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Defeating Overtime Class Action Certification Through Video Analysis

Defeating Overtime Class Action Certification Through Video Analysis

CHALLENGE

Our client was the defendant in a putative class action in which plaintiffs sought to be paid overtime for alleged delays in entering the facility through security checkpoints.
Our client needed a way to collect and review years of video footage to look at security entrances and measure exactly how long it took employees to get through security checkpoints. Specifically, the client had several questions that needed to be answered:

  • What (if any) delays were there during busy periods?
  • What (if any) delays could have been prevented and how?
  • Was there quality video footage available for a reasonable period of time to address the putative class’ allegations

Solution

iDS Forensics Team was able to take possession of the video recording system, as well as archives of footage, for review and anaylsis.

The iDS Forensics Team performed analysis and reporting on the following:

  • Determination of an appropriate and agreed upon protocol for how to review the video footage (i.e., software, video spans, and dates and times of review for a class representative)
  • Determination through multiple monitor views of the most appropriate security checkpoints for employees to pass through
  • Review of agreed upon video footage and documenting any observed delays

Result

iDS was able to produce enough video to show that delays were exaggerated in most instances, thereby defeating class certification.

Our client was able to leverage the reports to defeat class certification. At the same time, our client was able to identify areas for improvement to mitigate future alleged accusations.

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