Hertz, Dollar Thrifty Employees Try to Keep Wage & Hour Class Action Alive

Four car rental  employees have filed a response to a federal judge asking why their proposed class action lawsuit against Hertz and Dollar Thrifty over alleged wage and hour abuses should not be dismissed.

The original wage and hour class action lawsuit was filed by plaintiffs Alberto Molina and Nelson Sayago in July 2013. Plaintiffs Gustavo Cedano and Hugo Mosquera joined the unpaid wage lawsuit later.

The plaintiffs allege that as employees of Hertz and Dollar Thrifty, they were regularly involved in transporting vehicles between car rental locations including the airport, either to re-allocate vehicles at various facilities or to auctions for the purpose of selling the cars. Hertz acquired Dollar Thrifty in 2012, but the car rental companies continue to market themselves individually under their respective names.

The employees argue in the Hertz class action lawsuit that they were misclassified as non-exempt employees pursuant to the Fair Labor Standards Act because as drivers they did not perform any supervisory duties and as such missed out on unpaid overtime when they worked more than 40 hours per week pursuant to federal law.

The Hertz and Dollar Thrifty car rental employees ran into a snag with their wage and hour class action lawsuit when the federal judge ordered them to show cause after they failed to comply with an order to provide regular status reports regarding the bankruptcy proceedings of one of the defendants. Their new attorney argued in an order to show cause, filed April 10,  that he had only recently been retained by the rental car employees and was not aware of the issues regarding one of the bankruptcy proceedings. The judge’s order noted an alleged failure to prosecute the action, but the employees instead argue that they have already been engaging in the discovery process and intend to vigorously pursue seeking damages.

While they worked at a firm that operated as a sub-contractor to Hertz and Dollar Thrifty, the original wage and hour lawsuit names them as defendants because their work “was closely related and directly essential to [their] operations” and “operated to constitute a single enterprise.”

The Dollar Thrifty and Hertz Rental Car Class Action Lawsuit is Alberto Molina, et al. v. Hentech LLC, et al., Case No. 13-cv-1111, in the U.S. District Court for the Middle District of Florida.

File a Rental Car Employee Wage and Hour Class Action Lawsuit Today

If you believe that you have missed out on pay as a result of misclassification pursuant to the Fair Labor Standards Act, you may be able to seek legal redress. Learn more about your options by visiting the Rental Car Employee Wage & Hour Class Action Lawsuit Investigation. While there, you can fill out the case submission form for a free and confidential review of your legal options. You may be able to seek unpaid wages with a rental car employee class action lawsuit attorney.

Non-rental car employees can also obtain a free case evaluation at the Unpaid Overtime Lawsuit: Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.