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Nissan Piece-Rate Pay Class Action Lawsuit Overview:
- Who: Jose J. Ayala, Jr. and Jeff Santos filed a class action lawsuit against Nissan North America, Inc.
- Why: Ayala and Santon claim Nissan failed to properly pay its workers minimum wage or for overtime hours worked.
- Where: The class action lawsuit was filed in Florida federal court.
Former Nissan workers who claim the company used a piece-rate pay system to shortchange its workers on their wages have asked a Florida judge to grant them collective and class certification in their class action lawsuit.
Plaintiffs Jose J. Ayala, Jr. and Jeff Santos claim Nissan shorted its workers on minimum wage and overtime pay requirements with its piece-rate pay system that, through its manual, is applied to all of its U.S. dealerships.
“By controlling its dealerships through detailed policies and procedures, Nissan itself has made certain that the Plaintiffs and the putative class are similarly situated by having virtually the same job duties, pay provisions, ‘factory training’, and a manual that specifically states will apply to all dealerships within the United States,” the class action lawsuit states.
Ayala and Santos, who worked as mechanics for Nissan, claim the company paid them a set amount for each part they fixed regardless of how much time it took for them to complete the job.
Nissan Did Not Reimburse Employees For Tools, Equipment, Plaintiffs Say
Nissan also shortchanged workers by failing to reimburse them for tools and equipment, which Ayala and Santos argue should count as business expenses, according to the class action lawsuit.
Further, Ayala claims Nissan fails to properly pay technicians and maintenance personnel for work they complete in addition to repair tasks, such as attending meetings, cleaning and training.
“These types of tasks are not documented as ‘working hours’ nor are they included on paychecks or time entries,” the lawsuit states.
Ayala and Santos claim Nissan is in violation of the Fair Labor Standards Act and the Florida Minimum Wage Act.
Ayala and Santos want to represent a nationwide class of workers employed by Nissan since January 2016 who were not paid minimum wage or time-and-a-half for overtime pay. They also want to represent a Florida subclass of Nissan employees who were not paid minimum wage or reimbursed for work expenses.
A separate class action lawsuit was filed against Nissan earlier this month over claims it sold model year 2017-18 Nissan Altima and Sentra vehicles with defective continuously variable transmissions.
Has Nissan failed to pay you minimum wage or properly for overtime hours worked? Let us know in the comments!
The plaintiffs are represented by Kevin K. Ross-Andino and Jolynn M. Falto of Éclat Law PLLC.
The Nissan Piece-Rate Pay Class Action Lawsuit is Ayala, et al. v. Nissan North America, Inc., Case No. 6:20-cv-01625, in the U.S. District Court for the Middle District of Florida.
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One thought on Former Nissan Workers Request Class Certification For Claims Automaker Failed To Properly Pay Minimum Wage, Overtime Hours
How is it the USPS is no where on this website with the fools they have running the Philadelphia NDC would not even submit my request for emergency leave while my father was dying during the pandemic, then retaliated once I tried to return by giving me an ultimatum to resign or be written up and/or released and my reason fell within the mandates set forth by our government. They going to tell me after the deadline that it was not filled out correctly and just tossed it into the trash, right there says enough , the government set mandates during the pandemic yet their own agencies don’t follow a simple protocol that a 10 year old could followed. It’s clearly retaliation when they send you a letter of warning saying return within 30 days, which I did, yet they Striped me of my building access credentials and my time card and sent me packing, 10 minutes after I hit the clock but never even asked if I have medical documentation, never displayed any sympathy for my lost, never even said welcome back, or how are you doing, nothing, not one word until clerk-turned MDO (Bill Reaves) paged me to the office and told me to leave. What employer act like that, at a time like that to an employee who earned 6 outstanding performance awards, and 28 years of outstanding service which they can not dispute because my output (sorting parcels) would be better than if they put 5 employees in the same area to cover me on my days off.
Yours Truly SMD