Avis, Budget Employees Win Overtime Class Action Lawsuit Settlement

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Avis Budget Car Rental LLC has reached a class action settlement over allegations the company stiffed rental car employees out of overtime pay in violation of the Fair Labor Standards Act.

Plaintiffs Joshua Mayberry and Wayne Zelinsky filed the Avis Budget overtime class action lawsuit on August 12, 2013, accusing the car rental company of failing to pay overtime as required by law.

As a result of this alleged violation, the Avis class action lawsuit alleges that employees “were illegally and grossly under-compensated for their work.”

The Avis overtime class action lawsuit defined the Class Members as “all employees who are currently or were formerly employed by the Defendants as a Shift Manager Trainee and/or Operations Manager Trainee at one or more of the Defendants’ locations in the United States within the past three years preceding the filing of this lawsuit, who worked more than 40 hours in a given workweek at least one time, and received anything less than 1.5 times their regular rate of pay for hours worked over 40 in a workweek and who elect to opt-in to this action pursuant to FLSA.”

Both Mayberry and Zelinsky were classified by Avis as non-exempt employees. Upon completion of the company’s Management Training Curriculum, “Shift Manager Trainees and Operations Manager Trainees” become Shift Managers and Operations Managers with “managerial oversight.” The Avis overtime class action lawsuit stresses though that the job duties of the Plaintiffs and Class Members “did not include the hiring and firing of employees and have/had no input into hiring or firing decisions,” which made them eligible to claim overtime under FLSA overtime rules.

The Avis class action lawsuit argued that “unless proven to be exempt from the protection of overtime laws, all employees are entitled to premium overtime pay for work in excess of forty (40) hours per week.” Avis allegedly failed to pay overtime for Plaintiffs and Class Members for hours worked in excess of forty (40) in a workweek, which is seen as violation of FLSA overtime rules.

The unpaid overtime class action lawsuit also accuses Avis Budget of allegedly failing to keep accurate time records of the hours worked by Plaintiffs and Class Members.

The class action lawsuit contends that Plaintiffs and Class Members have suffered damages and are entitled to recover from Avis all unpaid premium overtime pay and additional equal amount as liquidated damages for Defendants’ willful violations of the FLSA. They are also seeking for an order and judgement that indicates that Avis’ violation of the FLSA is willful and in bad faith.

The details of the Avis overtime class action settlement were filed under seal.

The Avis/Budget Overtime Class Action Lawsuit is Joshua Mayberry and Wayne Zelinsky, et al. v. Avis Budget Car Rental LLC, Case No. 2:13-CV-04833-KM-MCA, U.S. District Court, District of New Jersey, Newark Division.

Join a Free Rental Car Class Action Lawsuit Investigation Over Labor Violations

Going up against a large corporation for wage and hour violations can be daunting, but banding together with other victims through a class action lawsuit can save you time, money and resources. If you were forced to work overtime or off the clock without overtime pay, were denied meal breaks, were paid less than minimum wage or suffered some other wage and hour violation, you may have the right to seek back pay and penalties from your current or former employer. Don’t delay though: the statute of limitations under the FLSA is 2 to 3 years, depending on the state. Find out more, including if you qualify, at our Rental Car Employee Wage & Hour Class Action Lawsuit Investigation.