CASE:  Shawn Martin v. Partsbase Inc. d/b/a Govistics Inc., United States District Court, Southern District of Florida, Case No: 9:20-cv-80235-DMM

The lawsuit, by Shawn Martin, seeks to recover for all present and former inside sales representatives, minimum wages for every hour that inside sales representatives worked in the prior 3 years to the present and continuing, plus an equal sum in liquidated damages.  The lawsuit also seeks to recover for all present and former inside sales representatives, overtime wages for all hours worked at rates of time and one half the employees regular rates of pay (which must include the value of all commissions earned).

The lawsuit alleges a plan and scheme by Partsbase and Govgistics to evade and avoid paying the FLSA required overtime wages to all inside sales representatives working for the company in the preceding 3 years to the present.  The lawsuit alleges that the Company had a De Facto policy against inside sales representatives reporting all overtime hours, and a policy and practice of permitting employees to suffer to work off the clock for overtime hours, both of which would be unlawful.  The lawsuit seeks to recover an equal sum in overtime wages as liquidated damages, plus attorney’s fees and costs.

The lawsuit alleges that Partsbase and Govgistics did not permit inside sales representatives the right to keep their base wages of hourly pay, “free and clear” as required by the FLSA, and instead treated these wages as a draw (loan) against future commissions, in violation of the FLSA.

Finally, the class action lawsuit seeks to recover for all present and former inside sales representatives, the base hourly wages promised and agreed to be paid by Partsbase and Govgistics pursuant to claims of violation of Florida’s Deceptive and Unfair Trade Practices Act, Conversion, and Unjust Enrichment.

Retaliation against current and former employees for asserting claims formally or informally, or participating in any class action or collective action for wages is a violation of the FLSA.

Please review the Complaint document below for information about both the Martin case.

The employment law attorneys at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for cable installers and cable technicians who are misclassified as independent contractors to avoid paying them overtime wages.

CASE:  Aiyekusibe, Higginson and Brown-Winn v. The Hertz Corporation and DTG Operations, Inc., Case 2:18-CV-00816-FTM99-MRM, United States District Court, Middle District of Florida.

Mr. Aiyekusibe was hired as an Operations Manager (later called a Function Manager) and worked primarily performing manual labor in the lot alongside other managers working in the exterior checking in cars, handling stalls, working the gate, and washing and getting cars ready for check-ins. Mr. Aiyekusibe has since been joined by 2 more location/function managers who from the BWI Hertz / Dollar Thrifty airport location, Mischele Higginson and Shatal Brown-Winn.

All workers performing these roles were classified as exempt from overtime wages. Hertz Corp. and its subsidiary, Dollar Thrifty, willfully violated the overtime wage laws by classifying these workers as exempt and forcing them to work up to 70 or more hours per week, without breaks, and without being paid any premium pay for overtime hours to save themselves millions of dollars in labor costs.

For more information about the class collective action case against Hertz and its subsidiary, Dollar Thrifty, please visit this site about Location and Function Manager overtime wage case.

Below you can view the court document filings for the original Bamidele Aiyekusibe case and the more recent case in which he is joined by Mischele Higginson and Shantal Brown-Winn.

As a result of this case, Payless paid more, $2.9 million more, in a Connecticut FLSA settlement with store managers seeking overtime wages. The store misclassified the employees in a move to avoid paying them overtime.