Heba Elsherif  |  February 20, 2018

Category: Labor & Employment

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Tires for sale at a tire store - stacks of old used tiresSeveral plaintiffs have filed an employee misclassification lawsuit against Tire Discounters Inc., alleging violations of the Fair Labor Standards Act (FLSA).

According to the employee misclassification lawsuit, the tire company violated the FLSA as they failed to pay exempt-classified store managers overtime wages for hours worked more than 40 hours per week.

Some of the named plaintiffs include Steven K., David J. and Scott M. The plaintiffs filed the employee misclassification lawsuit in Ohio federal court on Jan. 31, 2018.

According to the employee misclassification lawsuit, Tire Discounters further violated the Ohio Wage and Hour Laws, including the Ohio Minimum Wage Act.

The lawsuit states, “Ohio Plaintiffs are entitled to unpaid wages from The Discounters for all hours worked by them as well as unpaid overtime wages for hours worked above 40 in a workweek …”

Tire Discounters is an Ohio-based corporation that is headquartered in Cincinnati. The company provides automotive maintenance and repair to customers across Indiana, Tennessee, Kentucky and Ohio.

According to the employee misclassification lawsuit, Steven alleges that as a Frazeysburg, Ohio resident, he began working for Tire Discounters between February 2015 and June 2016. He alleges that he worked for the tire company regularly in excess of 40 hours per week. This was during his employment as a store manager, he says.

David alleges that he was employed by Tire Discounters as a store manager between April 2012 and April 2013. He also states that he would frequently work over 40 hours in a workweek without proper overtime pay.

Scott, a resident of Kettering, Ohio, says that he worked at Tire Discounters between 2010 and 2011. Also, during that time working for the company as a store manager, the company failed to pay him proper overtime wage for the hours he worked in excess of 40 hours per week, the employee misclassification lawsuits states.

Filing an FLSA Lawsuit

According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and Local governments.”

According to federal law, overtime pay is set at a rate of not less than one and one-half times the rate of regular pay after an excess of 40 hours per week have been worked. Federal law also sets minimum wage at $7.25 per hour. Employees who have not been paid proper overtime pay are eligible to file wage and hour lawsuits and pursue relief for violations of the FLSA and other federal and state labor laws.

In addition to the failure to pay overtime, other violations include: 1) misclassification of exempt employees, 2) off-the-clock work, 3) independent contractor misclassification, 4) unpaid on-duty meal and rest breaks, 5) improper deductions from salaried employees, 6) failure to pay minimum wage, 7) illegal tipping practices and 8) improper calculation of the regular rate.

The Employee Misclassification Lawsuit is Case No. 2:18-cv-00086-EAS-EPD, in the U.S. District Court for the Southern District of Ohio, Eastern Division.

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