Rue v. VMD Systems Integrators Inc.

DECISION AND ORDER This case has been referred to the undersigned pursuant to Section 636(b)(1) of Title 28 of the United States Code, by the Honorable John L. Sinatra, Jr. (Dkt. No. 12) Before the Court is defendant’s motion to change venue to the Rochester Division of the Western District of New York. (Dkt. No. 11) For the following reasons, defendant’s motion to change venue is denied.¹ BACKGROUND On May 16, 2024, plaintiffs Casey Rue and Lisa Boshnack commenced this putative class action lawsuit on behalf of themselves and more than 100 similarly situated individuals for untimely payment of wages, unlawful wage deductions, failure to provide compliant wage statements, and deficient pay notifications, all in violation of New York Labor Law. (Dkt. No. 1) Plaintiffs and putative class members are former or current employees of VMD Systems Integrators, Inc. (“VMD”). (Id. at 4, 6,

8-10) VMD is a security contractor, headquartered in Fairfax, Virginia, that provides privately employed security agents for various airports.² (Id.) Plaintiffs and the putative class members work or worked for VMD as airport security screeners (“screeners”) at Fredrick Douglas Greater Rochester International Airport in Rochester New, York. (Id. at 16) Screeners are paid on an hourly basis. (Id. at 28) It is alleged that screeners are manual workers within the meaning of the New York Labor Law, and that more than twenty-five percent of their duties consist of physical tasks such as screening passengers by pat downs and wands; lifting and carrying passengers’ bags and security bins; searching luggage; and operating security equipment. (Id. at