NEW YORK — A group of workers tasked with defending parking spots for on-location productions of various NBC shows have indicated that they will begin filing overtime suits against the company for violations of the Fair Labor Standards Act (FLSA). The workers are classified as parking production assistants who work for NBC’s show “The Blacklist” and others NBC productions, and they indicated to a federal court that similar workers who work at other production companies will also be filing suits. They are asking for back pay with interest in their suit.
Overtime Allegations
According to the lawsuit, the plaintiffs allege that they were cheated out of overtime pay by receiving a flat rate of about $160 per shift to guard parking spots despite working fifty to ninety hours a week. According to the suit, NBC is “reengineering the hourly rate” to avoid paying overtime. The parking production assistants apparently arrive twenty-four hours before shooting begins at a location, closing off city streets and ensuring the area is clear of traffic and passers-by. The plaintiffs claim that they had no access to production restrooms, and would have little container bottles to urinate into in their cars.
Additionally, the suit claims that the production company falsified their paychecks to say they worked fewer hours than they did to get around overtime rules. The company allegedly required the plaintiffs to leave the wage information blank on the wage verification forms and the company would later fill in this information with the rates necessary to deprive the plaintiffs of overtime pay.
Timecard Fraud
Under FLSA, employers are required to keep accurate records for each non-exempt worker that includes certain identifying about each employee and the hours worked and wages earned. If an employer intentionally falsifies time cards or payroll records, it may be considered a willful FLSA violation and subject the employer to a civil money penalty of up to $1,000 for each violation. Additionally, willful FLSA violations may result in criminal prosecution, fines, and imprisonment. This may occur for those who are shown, beyond a reasonable doubt, to have violated FLSA intentionally, deliberately, and voluntarily. The criminal penalties may include a fine of up to $10,000, imprisonment of up to six months, or both.
Employers should not take their responsibilities under FLSA lightly as willful, repeated violations have the potential to result in criminal prosecution, fines, and even jail time. You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your employers have wilfully and intentionally violated FLSA. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your joint employers. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.