CASE: Aiyekusibe, Higginson and Brown-Winn v. The Hertz Corporation and DTG Operations, Inc., Case 2:18-CV-00816-FTM99-MRM, pending in the United States District Court, Middle District of Florida, Fort Myers Division.
NATIONWIDE COLLECTIVE ACTION OVERTIME LAWSUIT
Feldman Legal Group announces the filing of a nationwide collective action overtime wage lawsuit pursuant to the Fair Labor Standards Act (FLSA) on behalf of all present and formerly employed Operations Managers or Function Managers working for Hertz Corporation and Dollar Thrifty, Inc.
THE DETAILS OF THE HERTZ AND DOLLAR THRIFTY CASE
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. Aiyehusibe 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.
Investigation reveals that other location and function managers performed similar roles, as well as working in other typically non-exempt duties such as inside sales, and counter customer service processing car rentals. Hertz classified all Location and Function Managers as exempt from overtime wages and the lawsuit alleges that Hertz misclassified all such persons in violation of the FLSA.
Mr. Aiyekusibe has since been joined by Ms. Higginson and Ms. Brown-Winn, who worked from the BWI airport in Maryland. Ms. Higginson and Ms. Brown-Winn, similar to Mr. Aiyekusibe worked overtime hours routinely, and without any real uninterrupted breaks 12 and more hours per workdays, whose primary work responsibilities including performing non-management duties such as cleaning, fueling and moving cars, rental of cars, working the exit gate and handling returns. They were at best working supervisors, who had little decision-making authority.
All such persons 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.
DAMAGES OUR LEGAL COMPLAINT SEEKS
The plaintiffs seek to recover for themselves, and all past and present Hertz and Dollar Thrifty Location and Function Managers, overtime wages for the past 3 years to the present and an equal sum in liquidated damages. The also seek to obtain a judgment from the court declaring their current pay practice of refusing to pay overtime wages to these managers as unlawful.
LEGAL DOCUMENTS PERTAINING TO THIS CASE
Below, you can click the links to see the original Complaint of the Aiyekusibe case and the following Complaint in which Aiyekusibe is joined by Higginson and Brown-Winn, in cases filed in the Middle District of Florida.
See the Aiyekusibe, Higginson and Brown-Winn Complaint (pdf)
See the Original Aiyekusibe Complaint (pdf)
ARE OR WERE YOU A LOCATION, OPERATIONS FOR FUNCTION MANAGER AT HERZT OR DOLLAR THRIFTY WHO WAS DENIED OVERTIME?
If you are now employed or were formerly employed with Hertz or Dollar Thrifty as a Function or Operations Manager, please contact the employment law attorneys at Feldman Legal Group to find out if you can be part of this case. If you did not work at Hertz or Dollar Thrifty, but believe your employer has violated wage laws, contact us.
