Facts

Joseph Amey, Silken Brown, and Mario De La Rosa, brought a class action complaint for wage and hour violations against Cinemark USA Inc., seeking damages, injunctive relief and restitution.

PLAINTIFF'S CONTENTIONS:
Amey contended that defendant had a consistent policy of willfully failing to provide meal and rest periods to himself and other employee class members, timely remit compensation owed upon termination, or provide accurate itemized wage statements.

DEFENDANT'S CONTENTIONS:
Cinemark contended that it was entitled to summary judgment because Amey did not properly plead an off-the-clock claim and admitted that Cinemark was not aware of any off-the-clock work he may have performed.

Result

The court entered judgment in favor of Cinemark on various claims and on several remaining claims that the parties had resolved pursuant to the parties' settlement and expressly subject to a preservation of plaintiffs' Brown and De La Rosa's appellate rights of class claims and PAGA claims, as to plaintiff Brown only.

Other Information

FILING DATE: Dec. 6, 2013.