A few weeks ago, I posted about the unique (i.e. strange) situation of the plaintiff's lawyer in this case seeking to depose his own client. There has been a new development in this case and it is one that dwarfs the importance of the other issue. The workers, who have accused their amusement park employer of not paying proper overtime, have won class certification from the federal district court judge. Now, the entire tenor of the case has changed (and not for the better for the employer). The case is entitled Pilar Garcia et al. v. E.J. Amusements of NH Inc. and is in federal court in Massachusetts.
The plaintiffs' motion for class certification has been granted; the class will cover employees who worked for the Company since 2010, but will exclude employees who have executed releases with the Company. Significantly, the Judge ruled that the workers can amend the Complaint to add a new lead plaintiff who executed a release but who seeks to challenge the validity of the releases on behalf of the workers who signed them.
The judge put off ruling on the sanctions motion against the amusement park company's counsel on the allegations that it had improperly scripted settlement communications with class members.
The suit alleged that about 200 workers were paid a flat rate based, for 40 hours, notwithstanding that they often worked seven days per week and up to 14 hours per day. The workers assembled, operated and broke down various amusement park rides at fairs and carnivals.
The Takeaway
Now, notice will go out to the people in the class and the matter will be complicated by the possible challenge to releases that have already been negotiated and payments made. If allegations of behind-the-back type dealings are sustained, this could lead to a finding of willfulness (extending the statute of limitations by one year). Maybe these employees should have been on Belo contracts or some other legally appropriate way of allowing them to work all those hours and yet being in compliance with the FLSA.
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