Hertz Lawsuit Highlights Overtime Pay Issues

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Two former long-time Hertz employees filed a wage and hour lawsuit accusing the rental car company of improperly classifying them as management employees and denying them overtime pay.

According to the unpaid overtime lawsuit, plaintiffs Bonnie Thompson and Elizabeth Artioli were fired from their positions in June 2013. At the time they were terminated they were classified as “non-exempt” employees under the Fair Labor Standards Act (FLSA). The plaintiffs said in the Hertz lawsuit that they typically performed clerical duties, but were upper management level employees. Each were working more than 40 hours per week, but the plaintiffs limited their reported hours typically when it peaked at 40.

Artioli worked for Hertz for 33 years. Thompson was an employee for 25 years. Their wage and hour lawsuit, which was filed in October, was voluntarily dismissed in February. While the reasons for the voluntary dismissal are unclear, it is possible that the parties have agreed to settle the unpaid overtime lawsuit.

Because of their management duties, the plaintiffs often worked overtime off the clock, according to their car rental wage and hour lawsuit. Artioli and Thompson were observed by their fellow managers, who confirmed they often worked beyond their set hours.

According to federal law, any non-exempt employee who works 40 or more hours per week is classified as an overtime employee, and must be paid at a rate 1.5 times their usual pay for every additional hour worked.

The Hertz lawsuit filed by Artioli and Thompson claimed that they were not only not properly compensated, but were encouraged to not record all hours worked.

While the wage and hour lawsuit has been voluntarily dismissed “without prejudice,” legal experts observing the case speculate that was due to settlement negotiations. Due to the overwhelming evidence against the company, many lawyers would agree that Hertz would have a difficult case.

Overview of Car Rental Employee Wage and Hour Lawsuits

Hertz is not the only car rental company facing wage and hour lawsuits. Disgruntled employees are suing various car rental companies for violating state and federal labor laws. Many of these companies have been accused of failing to pay overtime, failing to provide breaks and meal periods, forcing employees to work off the clock, and committing other wage and hour violations.

Over the past five years, multiple unpaid overtime class action lawsuits have been filed against car rental companies, with experts predicting the number to grow.

The Hertz wage and hour lawsuit is Bonnie Thompson and  Elizabeth Artioli v. Hertz Equipment Rental Corp., Case No. 3:13-Cv-01110, in the U.S. District Court for the Middle District of Tennessee.

File a Class Action Car Rental Lawsuit Today

If you worked for one of the following California rental car companies as a nonexempt (hourly) employee within the past four years and suffered a wage and hour violation, you can participate in free class action lawsuit investigation:

• Avis
• Alamo
• Budget
• Dollar Rent a Car
• Enterprise Rent-A-Car
• Fox Rent a Car
• Midway Car Rental
• National Car Rental
• Payless Car Rental
• Sixt Rent a Car
• Thrifty Car Rental
• Others

Find out if you qualify by visiting the Rental Car Employee Wage & Hour Class Action Lawsuit Investigation today.