LAWSUIT
American Immersive Theater/Murder Mystery Company Actors and Performers
HKM Employment Attorneys is representing performers who worked for American Immersive Theater, Murder Mystery Company, and related companies that provide immersive entertainment services. These performers have filed a lawsuit alleging they have been misclassified as independent contractors and are owed back wages and other monetary damages. While independent contractors and employees may perform similar work, there are key differences with respect to their legal rights.
When workers are misclassified as independent contractors, they are denied the right to be paid at least the minimum wage for all hours worked, and the right to receive overtime pay for all hours over 40 they work in a week.
If you worked as an actor, performer (or similar job title) for American Immersive Theater, LLC or Murder Mystery Company, Inc., any time since 2021, and were classified as an independent contractor, you may be eligible to join this lawsuit by signing and submitting this form.
Note: When you submit the form, you will receive an automatic confirmation email. Please know that you should hear directly from us to confirm that we’ve received it and that we have filed it with the court.
A copy of the complaint, which has been filed in federal court in the Western District of Michigan, is available here.
There is no cost to join.
You may also contact us directly and confidentially at (212) 439-4781 or by email at informationhkmny@hkm.com.
Case Status Updates
Complaint Filed September 27, 2024
This case was filed in the United States District Court of Western District of Michigan on September 27, 2024. You can access the complaint here: LINK
Conditional Certification Motion Filing & Stay Pending Mediation
On March 3, 2025, the plaintiffs filed a motion requesting permission to send notice to all Performers who may be eligible to join the case. The motion included 15 declarations from current and former Performers who provided testimony regarding their working conditions at American Immersion Theater and Murder Mystery Company. The purpose of the notice is to inform folks about the case and to give them an opportunity to opt in. You can view that motion here.
The next step is for the defendants to file a response to that motion. However, before Defendants filed that response, the parties agreed to attempt to resolve the case in mediation, and we jointly asked the Court to stay the case. The U.S. District Court for the Western District of Michigan has granted that joint request to pause litigation proceedings so the parties can try to reach a settlement. This is a positive development, as mediation is often an appropriate way to work toward resolving the dispute, with the hopes that we can avoid additional lengthy and costly litigation. This collaborative approach allows for confidential discussions between the parties and creates the potential for a mutually agreeable resolution. Mediation can reduce litigation costs and timeline while providing an opportunity for creative solutions that might not be available through traditional court proceedings.
The mediation has been scheduled for July 24, 2025. If the parties are unable to reach a settlement in mediation, the litigation will continue, and Defendants will have to respond to Plaintiffs' motion for notice.
We remain committed to our clients to resolve this matter. We will provide updates following the completion of mediation.
Frequently Asked Questions
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Will I have to pay HKM for representation? How much will it cost me to join the case?It does not cost you to join the case and we do not require payment up front. We represent people on a contingency basis, meaning we only get paid if a result is achieved, either through a judgment or settlement.
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What damages are sought?Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation. Under the overtime laws, a losing defendant is required to pay for workers’ attorneys’ fees and costs. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years from when someone affirmatively joins the case by filing a Consent to Sue Form.
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How far back can claims be made?Under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue is filed in Court. Defendant will be entitled to argue that its violations were not willful and that your claims should be limited to a two-year period preceding the filing of your Consent to Sue Form. This two or three year period is called the “statute of limitation.” The state wage claims go back two years from the date the complaint was filed in Court.
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How do I join the case?To bring claims under the FLSA for back wages and an equal amount of liquidated damages in this action, you must affirmatively join the case by filling out a Consent to Sue Form and returning it to HKM to be filed with the Court. Even individuals who do not fill out a consent to sue form may be part of the state wage claims which are brought as a class action, but only if the Court ultimately decides that the case may go forward as a class action. Individuals who want to present all of their claims to the Court should fill out the Consent to Sue form and return it to HKM to be filed with the Court.
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Can I wait to file my Consent to Sue form?You are not part of the FLSA case until your Consent to Sue Form is returned to the plaintiffs’ attorneys and filed. If you delay in filing the consent to sue, part or all of your claim may be barred by the statute of limitations.
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Can American Immersion Theater Murder Mystery Company fire me or take action against me for joining the case?The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, American Immersion Theater Murder Mystery Company would be liable for at least double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases because an employer can suffer such serious penalties.