NEW YORK — A federal judge in New York recently rejected a motion by a Bayside Nissan car dealership that would force former sales staffers to bring individual claims against the business over allegations the company failed to pay workers for all their wages, including overtime pay. The ruling was a preliminary matter and while the judge determined the two named plaintiffs demonstrated enough similarities in their cases to warrant a class action, the issue may be revisited in the future as additional claimants join the lawsuit.
In their unpaid overtime lawsuit, the two plaintiffs claim that Star Nissan Inc. paid salesmen on a commission basis but also provided weekly wages of $100 regardless of how many sales were made or how many hours employees spend on the job. The complaint goes on to argue the defendant was obligated under the Fair Labor Standards Act (FLSA) to make up the pay difference when workers’ total pay did not amount to at least the federal minimum wage of $7.25.
Furthermore, the plaintiffs claim that they and other similarly situated workers at Star Nissan should have been paid even higher wages under New York wage laws. Under state laws, minimum wage ranges anywhere from $7.15 to $9, depending on the type of work performed by the employee. Additionally, the plaintiffs claim they routinely worked 45 to 50 hours per week and were not paid one and a half times their average hourly wages for this time.
Under the FLSA, workers may take collective action against employers engaged in illegal wage practices if the plaintiffs are able to demonstrate they are all “similarly situated” and the defendant engaged in a “commonly unlawful” policy against the class. In these types of claims, courts may compensate named plaintiffs with additional awards for taking the initiative and inherent risk of bringing the claim. Reports suggest as many as 20 other sales staffers who worked during the same period may be eligible to join the lawsuit.
Commission Sales Unpaid Overtime Lawsuits
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 wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.