A proposed class action lawsuit looks to represent locations managers who worked for the Hertz Corporation at any of its Hertz-, Dollar- or Thrifty-brand locations in New York within the last six years and were allegedly denied proper overtime wages.
According to the lawsuit, the main duties of location managers include waiting on customers, driving vehicles from one location to another, washing vehicles, and handling returns, in addition to general customer service. Location managers, the case says, are regularly required by the Hertz Corporation to work more than 40 hours per week without time-and-a-half overtime pay due in part to the company’s alleged understaffing practices.
“In order to minimize labor costs, Defendant staffs its rental locations leanly and strictly manages hours worked by non-exempt, hourly workers to avoid paying them overtime wages,” the complaint reads.
To balance out the apparent understaffing, Hertz, the lawsuit says, relies heavily on location managers to staff locations that lack enough hourly employees to handle the day-to-day business operations. Despite being labeled as “managers,” proposed class members, the suit claims, are responsible for no true management functions. From the case:
“To the contrary, LMs spend the vast majority of their time performing the same duties as non-exempt, hourly employees such as working with customers at the rental counter, shuttling cars between lot locations, washing cars, fueling cars, performing routine data entry and clerical work, working the gate, and handling car returns and checking in cars. These are the same tasks performed by hourly employees.”
The plaintiff, who worked for Hertz from May 2013 through October 2016, claims he worked anywhere from 50 to 60 hours per week without proper overtime pay.