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Carnival Workers File Wage Theft Lawsuit Seeking Unpaid Overtime

CHICAGO — A group of employees for a traveling carnival recently filed an unpaid overtime lawsuit against their employer alleging the company failed to pay them time and a half for the grueling hours they put into setting up and dismantling carnival attractions in cities across the country.

Attorneys for the plaintiffs acknowledged the practice is far too common amongst seasonal workers like those working for the carnival who are unfamiliar of federal and state wage laws requiring overtime pay.

Many of those employed by the defendant are foreign born workers who come to the U.S. on H-2A visas meant for temporary workers to fill an employment void where companies cannot find native workers to fill the positions.

Two of the plaintiffs in the suit are from South Africa, the other two are believed to be Americans.

Carnival Violated State Wage Laws on Overtime Payments for Seasonal Workers

The suit, filed in Cook County Circuit Court in Illinois, alleges breach of contract against North American Midway Entertainment claiming the company violated wage laws in Illinois, Kentucky, Indiana and Florida. While federal laws do not require employers to pay time and a half for seasonal employees, the aforementioned states make overtime payments mandatory if seasonal employees work more than 40 hours per week.

According to the complaint, some workers put in as many as 70 to 80-hours per week when the carnival would come in or leave town. However, as many hours as the workers put in they were only paid for 40-hours of work and when they were furnished with extra hours it did not reflect the entirety of their labor. In either case, time and a half wages were not paid, allegedly.

The nature of the work meant the employees were often placed into dangerous situations, risking their health and safety for meager pay. One of the four plaintiffs in the case reported making between $300 to $400 per week despite putting in an average of 55 hours.

Seasonal Worker Unpaid Overtime Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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