KANSAS CITY — Epic Holiday and its company owner have filed to remove a proposed wage-and-hour class action lawsuit from state to federal court, arguing the case meets the requirements for diversity jurisdiction and exceeds the federal threshold for damages.
The notice of removal, filed Nov. 6, in the U.S. District Court for the Western District of Missouri, shifts the case originally filed in Jackson Circuit Court by plaintiff Victor Moya, a former employee of Epic Holiday.
Moya filed the original class action petition on Sept. 17, alleging that Epic Holiday and Mark McKee failed to properly pay wages and overtime compensation in violation of Missouri’s Minimum Wage Law.
He claims that the company’s pay practices unlawfully denied earned wages and overtime pay to employees who worked as “Loaders,” which are hourly workers responsible for setting up and taking down the company’s holiday festivals.
The complaint seeks back pay, liquidated damages, attorney fees and other equitable relief on behalf of Moya and others similarly situated.
According to court filings, Moya worked for Epic Holiday in O’Fallon, and was paid on a daily basis despite working more than 40 hours a week.
He alleges that he and other hourly workers regularly logged their hours, but Epic failed to compensate them properly for all hours worked, including overtime.
The petition claims that Epic’s policy of underpayment was a deliberate practice that allowed the company to retain “ill-gained profits at the expense of its employees.”
Epic Holiday operates holiday festivals featuring light shows, ice skating rinks and live performances.
McKee, a resident of Leawood, Kan, is identified in the complaint as the company’s sole member and managing owner.
The defendants contend that the amount in controversy surpasses $75,000, citing Moya’s claims for unpaid wages, overtime, liquidated damages and attorney fees.
The filing asserts that all procedural requirements for removal were met. The defendants were served with the state court petition on or after Oct. 7, and filed their removal within 30 days.
Moya’s lawsuit seeks certification of a class representing all hourly workers employed by Epic Holiday who allegedly were denied proper payment under Missouri wage laws.
The class action petition claims the defendants’ compensation policies violated state labor statutes and that Moya and other “non-exempt” employees are entitled to unpaid minimum wages, overtime, and liquidated damages.
“Defendants’ policy and practice fails to pay overtime due to its hourly workers,” the complaint states. “Defendants enjoy ill-gained profits at the expense of its employees.”
The complaint states it is unjust for the defendants to retain benefits from the unpaid work performed by the plaintiff and other similarly situated employees.
The plaintiffs are represented by Michael Hodgson of The Hodgson Law Firm in Lee’s Summit and Katherine E. Myers and Jessica L. Barranco of Edelman, Liesen & Lyers in Kansas City.
The defendants are represented by Daniel O. Ramon and Michael L. Blumenthal of Seyferth Blumenthal & Harris in Kansas City.
U.S. District Court for the Western District of Missouri, Western District case number: 4:25-cv-00872
