DeGroot v. Murder Mystery Company, Inc. and American Immersion Theater, LLC, Case No. 1:24-cv-01016 (Western District of Michigan)
On September 27, 2024, a former Performer filed a lawsuit against the Murder Mystery Company, Inc. and American Immersion Theater, LLC (“Defendants”). The Named Plaintiff alleges that the Defendants wrongfully classify their employees as independent contractors and have failed to pay her and other Performers minimum wages for all hours worked or overtime premium wages for hours worked over 40 in a week.
Among other things, the Complaint alleges that Plaintiff and Defendants’ other Performers were never independent contractors, but rather were employees, because Defendants required them to attend mandatory trainings, dictated when and where Performers were to perform, determined compensation rates for Performers, required Performers to abide by the policies, practices, and procedures in their employment handbooks. and retained the right to discipline or discharge any Performer.
The Named Plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) and a Rule 23 class action under New York Labor Law (“NYLL”) seeking to recover unpaid minimum wages, overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for themself and others.
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Our FAQ
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Is This a Class Action? What Does that Mean?
This case is both a potential collective action under federal law and a potential class action under New York state law. This means that, depending on the type of claim(s) you have, there may be a slightly different process for joining and participating in this suit.
Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. To proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate time asking the Court to grant these certifications.
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Am I Eligible?
Because this lawsuit arises under both federal and state law, you may have a qualifying state law claim, federal law claim, or both federal and state law claims.
Federal Law:
You may be eligible to make a claim in this case for unpaid minimum wages for all hours worked and overtime compensation for hours worked over 40 in a workweek if you worked for Defendants as a Performer at any time within the last three years. To make a claim under federal law, you must submit a consent form.
State Law:
You may have a claim in this case for unpaid minimum wages and overtime wages under New York law if you worked over 40 hours per week for Defendants in New York at any time within the past six (6) years. Whether additional Performers are added to this case to pursue claims under New York state law will depend on the Court’s ruling on a motion for class certification, which has not been filed yet.
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Which Locations Are Included?
This case seeks to include all Performers who work or have worked for Defendants within the past three years.
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How Do I Join This Case?
To make a claim in this case for any unpaid overtime under the FLSA, the federal law, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that Defendants willfully violated the law, then the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove My Hours?
If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your unpaid wages in this case. If Defendants did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for the Murder Mystery Company and/or American Immersion Theater and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson at (612) 256-3259 or bpeterson@nka.com immediately.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Can I Help?
If you know any Performers interested in making a claim for unpaid overtime, please direct them to this website to fill out a Consent Form. They may also contact the case clerk, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com to sign up.
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How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com. You may also contact Julia Friday with our co-counsel, HKM Employers Lawyers, LLP, at 212-439-4781 or jfriday@hkm.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.