Nissan Mechanics Wage Theft Class Action Lawsuit
- Who: Mechanics employed by Nissan are suing the company.
- What: The mechanics say Nissan enforced a pay system that saw them making less than minimum wage and no overtime.
- Where: The case is being heard in a Florida federal court.
Nissan can’t shake a class action lawsuit alleging it didn’t properly pay mechanics working at dealerships, a Florida federal judge has ruled.
In an order filed Nov. 15, US District Judge Roy B. Dalton Jr. said Nissan North America Inc. could not have claims filed against it by dealership workers thrown out.
Originally filed in Sept. 2020 by lead plaintiff Jose J. Ayala Jr., the lawsuit alleges Nissan enforced a flat-rate pay system for maintenance and repair services that did not meet the legal minimum wage or overtime requirements, Law360 reports.
Nissan Wage and Hour Class Action Expanded To Cover Techs, Maintenance Workers
The plaintiffs doubled down on the class action in July, filing an amended complaint with an additional plaintiff and claims covering technicians and maintenance personnel, too.
In an earlier motion to dismiss, Nissan had tried to argue it was not liable as an employer, instead only the individual dealerships should be to blame.
However, Judge Dalton Jr. rejected Nissan’s argument in his Nov. 15 order, saying the automaker governed how the employees were paid, thus could also be considered an employer of the mechanics.
“Plaintiffs have alleged that Nissan highly controlled the dealerships, with the dealerships having ‘little independent decision making’ and Nissan establishing the compensation systems,” he said.
“On a motion to dismiss, these allegations of joint employment are sufficient.”
Despite being in business for decades, Nissan still faces frequent backlash from consumers who have filed complaints and even lawsuits about the Japanese auto manufacturer. Click here for the latest Nissan lawsuits and settlements.
What do you think of the mechanics’ claims in this case? Let us know in the comments!
The plaintiffs are represented by Jolynn M. Falto, Nicola J. Pappas and Kevin K. Ross of Eclat Law PLLC, Lisa E. Bolinger of Factory Direct Marine & RV, and Mitchell E. Grodman of Mitchell E. Grodman PA.
The Nissan Wage Theft Florida 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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