TIRE KINGDOM NATIONAL COLLECTIVE (CLASS) ACTION OVERTIME AND MINIMUM WAGE LAWSUIT: DAVID CZOPEK, CHIRSTOPHER KNOTT AND DAVID EASLICK, Individually And On Behalf Of All Others Similarly Situated, V. TBC RETAIL GROUP, INC. D/B/A TIRE KINGDOM. UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION. CASE NO.: 8:14-cv-00675-JDW-TBM
Plaintiffs, former Tire Kingdom retail Service Manager, Tech or Mechanic and Tire Tech, respectively, filed this collective action case for the class of all such similarly situated employees and seek NATIONAL CLASS CERTIFICATION for alleged willful, unlawful pay practices in violation of the Fair Labor Standards Act.
The lawsuit alleges that they were subjected to such unlawful pay practices as shaving of time off of time records, forced working off the clock, working through lunches without additional compensation, failure to pay minimum wages for all hours worked up to 40 and failure to pay overtime wages for all hours worked over 40.
Tire Kingdom treated the class of Mechanics as exempt from the minimum wage and overtime wage provisions of the FLSA. The suit alleges as well that Tire Techs were paid less than minimum wage. Additionally, even when paid for hours worked, the suit alleges that Tire Kingdom willfully underpaid class members by failing to include the payment of non-discretionary incentive payments (bonuses/spiffs) in the calculation of the regular rate of pay as required under the FLSA.
Plaintiffs allege that Tire Kingdom improperly charged employees a fee by distributing pay on a debit card, which included mandatory fees each employee had to pay in order to receive his or her wages. Moreover, Tire Kingdom had limits on the amount of money each employee could withdraw.
The case has three classes:
a) The Hourly Employee Class: Comprised of all hourly employees who are or were employed within the past three years preceding the filing of the lawsuit;
b) The Mechanic Class: Comprised of all flat rate technicians/mechanics;
c) The Tire Tech Class: Comprised of all Tire Technicians.
The lawsuit a judgment against Tire Kingdom and injunction barring the improper and unlawful pay practices. Plaintiffs seek to recover minimum wages for all hours worked and not paid correctly, all overtime wages for all overtime hours as well as recovery of underpaid overtime wages, plus an equal sum in liquidated damages, attorney’s fees and costs of the litigation. Plaintiffs intend to seek Certification of the Classes and court-supervised notice to all current and former employees within the relevant time period of their rights to opt into this suit and claim their wages.
Contact Feldman Williams, PLLC. for more information or to discuss your employment history with Tire Kingdom.
The attorneys at Feldman Williams, PLLC. assist employees involved in overtime and wage and hour disputes as well as employment discrimination matters in Tampa, Jacksonville and Atlanta, Georgia