ORLANDO — A former employee for Hertz rental car recently filed a federal collective action overtime pay lawsuit against the Estero, Florida-based company alleging that the defendant defrauded the plaintiff and others out of hard earned overtime wages. The claim, filed in U.S. District Court for the Middle District of Florida, claims the defendant asked the plaintiff to clock out and remain on the job to keep from going over on payroll hours to meet quotas.
The suit is just the latest legal action former employees have taken against one of the nation’s largest rental car companies, claiming Hertz violated wage and labor laws, particularly in California. Many of the California overtime pay suits claim that Hertz made employees work their shifts without a mandated 30-minute break period immediately after the employee’s fifth hour on the job.
The plaintiff filed her overtime suit as a collective action to recover unpaid wages for both herself and other similarly situated workers stiffed out of hard earned income by the defendant. Because the suit is still in its early stages, it is unclear how many other employees could potentially join in the suit. Furthermore, the plaintiff’s job title with the defendant was eliminated some time ago.
Federal Overtime Pay Laws
Under the Fair Labor Standards Act (FLSA), workers must be paid for all the time spent on the job, whether or not the employer tells them to “clock out” and work for free. Furthermore, the FLSA imposes a 40-hour per week overtime threshold requiring employers to pay workers one and a half times the individual’s hourly pay rate for time spent above the threshold.
Under the FLSA, wage theft victims have a legal right to file overtime pay lawsuits to recover up to three years of back overtime wages, if the employer intentionally and knowingly withheld wages from the individual. Otherwise, plaintiffs are entitled up to two-years of back pay, interest on unpaid wages, liquidated damages equal to lost wages, and even attorneys’ fees to cover the cost of litigation.
Rental Car Company Overtime Pay Lawsuit
This case highlight the lengths former employers may go to when their employees stand up for their legal rights and bring claims for unpaid overtime wages. Having an experienced overtime lawsuit attorney on one’s side can help navigate these legal pitfalls and give plaintiffs their day in court.
If you believe that your wage rights were violated under the FLSA and may have a claim, call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our law firm has a team of experienced and dedicated overtime wage lawsuit attorneys ready to help you understand your legal rights.