The Amlong Firm
Fort Lauderdale, Florida | Map It
954-519-2235
View Our Practice Areas

Theater janitors file a class action lawsuit for unpaid overtime

Many hard-working people go to work every day expecting to be paid a fair wage for the work that they do. Workers in Florida expect to be paid at least minimum wage and be compensated accordingly for any overtime hours that they work. When workers do the work but do not get paid, they may decide to file claims to get the unpaid overtime and income they believe that they are missing.

A class action lawsuit was filed by seven janitors who worked at Cinemark theatres since May 8, 2012, alleging that they were not paid overtime and did not get minimum wage. They believe that they were improperly classified as independent contractors in an effort to lower payroll costs. People hired as independent contractors do not receive the same benefits as employees and do not qualify for such things as unemployment insurance and workers' compensation, which means that they most likely have higher taxes.

According to two of the plaintiffs, they claim that, combined, they usually worked 138.75 hours per week. Because they are paid a flat rate, they calculated their pay to be $5.55 per hour without any compensation for overtime. The average rate for all of the plaintiffs in this case is between $3.57 and $5.55 per hour, which is well below the minimum wage for the state in which they work.

The complaint is accusing Cinemark and the cleaning company, Simply Right Inc., for not paying the workers overtime and minimum wage. According to Simply Right's CIO, the complaint is only happening because of the hype around the movie theater because of the 2012 shooting, and he believes that the case will quickly be dismissed. Florida workers who believe that they are not being paid correctly have the right to pursue legal recourse to reclaim the unpaid overtime and wages that they believed to be owed.

Source: bizjournals.com, "Colorado janitors sue Cinemark alleging violation of labor laws", Monica Mendoza, May 12, 2015

No Comments

Leave a comment
Comment Information

Protect Your Rights And Your Job Get The Legal Help You Need

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

500 Northeast Fourth Street
Suite 200
Fort Lauderdale, FL 33301

Phone: 954-519-2235
Fort Lauderdale Law Office Map