Mass. Judge Grants Class Action Cert. in Avis Unpaid Overtime Lawsuit

A Massachusetts judge has granted class certification for the Avis unpaid overtime lawsuit filed against the rental car giant.

The class action Avis unpaid overtime lawsuit alleges Avis Budget Car Rental LLC had misclassified employees as managers to dodge paying overtime rates.

U.S. District Court Judge Dennis Saylor IV approved the motion to certify the Avis unpaid overtime lawsuit as a class action.

Judge Saylor stated the party had provided sufficient evidence that proved enough Avis employees were similarly situated nationwide as the lead plaintiffs.

Lead plaintiff Fernando Cunha is leading the motion, alleging various violations of state and federal labor laws.

Overview of Avis Unpaid Overtime Lawsuit Allegations

According to the class action Avis unpaid overtime lawsuit, Cunha had worked as a damage manager for Avis for 11 years at one of the company’s Boston locations. Cunha’s position reportedly involved evaluating and documenting damage the rental cars sustained.

Cunha alleges he was wrongfully classified as a manager, in order for the company to categorize him and other employees as exempt from overtime compensation. Cunha argues that he had no authority to hire or fire other employees and had very limited on the job authority.

Furthermore, Cunha argued that due to his limited authority, he did not investigate the circumstances behind the car damages nor did he negotiate for any kind of insurance payments. The only thing his authority did allow for was contracting other companies for minor car repairs.

According to the class action Avis overtime lawsuit, Cunha alleges Avis had wrongfully misclassified approximately 30 damage managers nationwide.

Avis argued against these claims, stating damage managers had a variety of different responsibilities that come with their occupational duties.

The company also argued against class certification, saying Cunha did not adequately prove he knew of any other damage managers in a similar situation as his.

However Judge Saylor stated Cunha had produced sufficient evidence calling for class certification, as the evidence indicated these damage managers were classified as management for overtime related purposes.

“The job description does state that essential duties will vary based on assignment and location, but the fact that Avis has reduced the job duties of all damage managers to one description of the ‘general nature and level of work performed by employees within this classification’ is sufficient to satisfy the minimal showing necessary to justify issuing notice,” Judge Saylor said.

Previously in April 2016, Avis agreed to pay a $7.8 million settlement to resolve a different overtime class action lawsuit. This overtime class action lawsuit reportedly consisted of approximately 250 shift managers, who claim they had also been misclassified as management so the company could deny them overtime benefits.

This Class Action Avis Unpaid Overtime Lawsuit is Fernando Cunha v. Avis Budget Car Rental LLC, Case No. 16-cv-10545, in the U.S. District Court for the District of Massachusetts.

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