A Cinemark overtime class action lawsuit has been filed against the popular American movie theater chain by a former employee accusing the company of violating the Fair Labor Standards Act and failing to pay proposed Class Members overtime hours.
Plaintiff Robert F. filed the Cinemark overtime class action lawsuit on Dec. 18, 2017, in Texas federal court. He files the class action individually and on behalf of all those similarly situated.
The proposed Class includes all former and current employees who worked for Cinemark within the last three years and who were not being paid overtime for work in excess of 40 hours per week.
Robert says that he worked for Cinemark within the three-year period and would routinely work more than 40 hours per week and would not be paid overtime.
The Cinemark overtime class action lawsuit states the company “deliberately” failed to pay Robert and the proposed Class Members overtime.
FLSA Class Action Lawsuits
Workers who believe they have not been rightly compensated for overtime hours, not been paid given minimum wage, or forced to work off the clock have a right to pursue wage and hour law violations through class action lawsuits.
An FLSA class action lawsuit, can allow a group of workers to come together and pursue action against former employers in a single court action. These lawsuits, accusing employers of violating laws such as the Fair Labor Standards Act (FLSA), can restore proper compensation for thousands of workers.
According to the Department of Labor (DOL), “The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part time workers in the private sector and in Federal, State, and Local governments.”
The FLSA sets wage and hour standards, setting federal minimum wage at $7.25 per hour, and mandates time and a half overtime for employees working more than 40 hours in any given week. According to regulations set forth by the FLSA, non-exempt employees are also prohibited from working “off the clock” without pay. FLSA class action lawsuits often allege violations of these requirements.
In addition to federal law requirements, many states have wage and hour regulations that also must be abided by. For example, in California, overtime pay applies not only when an employee works more than 40 hours per week, but also more than 8 hours per day. Additionally, California provides for a higher minimum wage at $10.50, in comparison to federal minimum wage at $7.25 per hour. Due to additional state wage and hour laws, lawsuits accusing employers of wage and hour violations are a common occurrence in California.
Some types of relief that revolve around common allegations such as unpaid wages through FLSA class action lawsuits can include payment for back wages, injunctive relief, and allowing recovery of double back pay.
The Cinemark Overtime Class Action Lawsuit is Case No. 2:17-cv-00381, in the U.S. District Court for the Southern District of Texas, Corpus Christi Division.
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