NEW YORK — A New York federal judge rejected Avis Budget Car Rental LLC’s request to decertify a class of 200 shift managers in a collective action wage and overtime pay lawsuit recently. The shift managers claim the car rental company wrongfully classified their positions as exempt from overtime pay under the Fair Labor Standards Act (FLSA). With the judge’s ruling, the shift managers can continue with the claim as a group.
Similar Shift Manager Claims
The shift managers’ claim was initially filed in 2008. Two years later, the shift managers received conditional class certification. Since receiving conditional certification, nearly 200 shift managers have joined the collective action. In 2013, Avis filed a motion to decertify the class, which would have resulted in the case, in its current collective action form, being dismissed. If it had been dismissed, the shift managers would have been forced to pursue their claims individually.
After the 2013 motion, the court reviewed both the testimony of the shift managers and Avis’ witnesses. The court determined the similarities between the shift managers’ responsibilities and duties were significantly greater than the differences. These similarities include the fact that the shift managers spent the majority of their time performing the same duties as hourly employees. The shift managers’ testified that, like the hourly employees, they cleaned the cars; checked-in the returned cars; rented cars to customers; and moved cars from one location to another. Furthermore, Avis’ own witnesses testified that the company’s policies were consistent across the United States. This further added to the shift managers’ claims. Avis’ witness also testified that shift managers were classified by their job descriptions, which are the same at all locations. This means the shift managers did not have their positions and exemption status individually evaluated prior to being classified.
Class Certification
Had the court determined that the shift managers’ responsibilities and duties were more dissimilar, the court would have likely decertified the class. Class certification is granted, conditionally, when the court believes that it is more efficient to resolve all of the class members’ claims in one case. In order to do that, the class members must be similarly situated, be subject to the same policies, and suffer similar damages. If all of the shift managers were classified based on their job descriptions, which were the same for all of them, and they were all subject to the same company policies, it would seem that class certification was proper.
It is not necessary to bring a class or collective action to bring a claim against your employer, if you have been misclassified or denied overtime wages. Contact our team of overtime pay lawyers today at (855) 754-2795 or through our Free Unpaid Overtime Case Review form. Our experienced team of overtime pay lawyers will evaluate your case and determine if a class action or individual claim is best for your situation. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.