Cinemark Faces Certified Class of Employees Alleging Overtime and Wage Statement Violations

A class of Cinemark movie theater employees claim that the company did not comply with state law requiring pay stubs to be accurate and itemized; detailing specifically the overtime pay rates. The group of 843 eligible California employees was recently certified for class action.

The estimated 843 employees located in California and employed by Cinemark who are eligible to join the class action lawsuit is based on calculations of legal counsel on the case who made their determinations based on the popular movie theater’s disclosures regarding the number of incorrect wage statements they issued to employees.

The federal judge on the case (Amey v. Cinemark USA Inc., 2018 BL 296573, N.D. Cal., No. 13-cv-05669) certified the class on August 16th, 2018. Certification of the class means that Cinemark USA Inc. will be required to provide the names and the contact information for any employees who received non-compliant pay stubs. Class members who do not opt out will receive a share of any payout or settlement that results from the case during pre-trail negotiations, mediation or a trial win. 

Employers are required to provide employees with detailed, itemized, and accurate pay stubs (a.k.a. wage statements) in order to assist employees in regulating their pay rate and overtime pay rate. Providing accurate wage statements creates transparency and allows employees to determine when they are not receiving the right pay for their work hours or the right rate of pay for their overtime hours specifically. California labor code requires more extensive pay stub disclosures than federal law. California law allows a $50 penalty per employee for the first pay stub violation and $100 for subsequent violations. As there are 26 pay periods in a year for employers who issue pay biweekly, pay stub violations can be very costly for employers.

If you have questions about California labor law pay stub requirements or if you are not receiving overtime compensation as required by law, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.