Case Overview

The various Enterprise companies have been sued by assistant managers in federal district court in eight separate collective actions since December 2007 for failing to pay overtime wages. In six of the lawsuits, the assistant managers are represented by the Shavitz Law Group. These lawsuits are each on behalf of an asserted class of current and former assistant managers who worked overtime hours without proper compensation. Together, these assistant managers have alleged collective actions on behalf of the entire class of assistant managers who performed similar work in the three years prior to suit to recover compensation for unpaid overtime. The cases were filed under the federal Fair Labor Standards Act. The assistant managers allege that Enterprise mis-classified them as exempt from overtime pay when in fact their primary duties were not management but were instead primarily providing rental services to customers of Enterprise, for which they should have been paid overtime. (As an example, and for more information, see the Complaint filed in the Florida courts regarding this case, which can also be found by clicking the"Complaint" link to the right).

In June 2009, all cases were assigned a single multi-district case number and transferred for further proceedings to the Western District of Pennsylvania:  In re Enterprise Rent-A-Car Company Wage & Hour Employment Practices Litigation,  MDL Docket No. 2056.  (For more information, click on the "Multidistrict" link to the right.)  All cases will proceed together in that forum for the time being in order to ensure efficiency and avoid duplicated efforts.  No class has been certified or liability determined by the court at this time.

How can I participate?

Current or former assistant managers who have worked for a company of Enterprise in any state (including most Enterprise Rent-A-Car subsidiaries) within the past three (3) years are eligible to join the case and submit a claim.  The law only allows limited time to submit a claim, which makes prompt action important. To learn more, please complete our contact form  at the right or contact  the Shavitz Law Group at 888-221-WAGE (9243), toll free.  You can also join the case and submit a claim, by completing a "Consent to Join" form, which can also be found by clicking the "Consent to Join" link to the right, then faxing to (561) 447-8831. You are entitled to consult with an attorney of your choice.

What if I was told I was exempt from overtime because I was a "manager"?

Your job title alone does not determine whether or not you are entitled to overtime pay. Many employers classify workers with titles such as assistant manager or team leader and do not pay them overtime wages, but the work these employees perform is often not very different from the work done by the rest of the employees at their job. The Shavitz Law Group, P.A. will review your job responsibilities free of charge to evaluate if you have been paid properly, so contact us today for further assistance.

Do salaried employees have rights to overtime?

Yes. Many employers and employees share the misconception that salaried employees do not deserve overtime wages. Salaried employees DO deserve overtime unless they are executives, administrators or professionals (defined to mean an advanced degree of learning), as those terms are legally defined. Job titles do not control, but actual duties do. Such exceptions are legally complicated, and therefore, we suggest that if someone is salaried and shares an interest in recovering their overtime, call the Shavitz Law Group for a free evaluation.

Is there a charge for submitting a claim and joining the lawsuit?

We represent our clients in this case on a contingency fee basis, and the firm charges no fees unless a successful recovery is made on behalf of the class of employees.  Additionally, the Fair Labor Standards Act requires employers that violate this law to pay for the reasonable attorneys’ fees and costs  prevailing plaintiffs incur during a lawsuit.

What if my overtime hours were not approved in advance?

Under the Fair Labor Standards Act, employers are not permitted to accept the benefits of the overtime hours worked by non-exempt employees without properly compensating such employees for all hours worked in excess of forty (40) in a workweek.  

What if I do not have time records?

Employers are required to maintain accurate time records of the hours worked by their employees. If an employer does not maintain complete time records, the employee is entitled to prove the extent of their overtime hours worked based on a good faith, realistic estimate of time worked.  As a result, the law does allow employees claiming unpaid overtime to estimate the number of hours regularly worked even if there are no time records.  

What about retaliation?

The Fair Labor Standards Act provides that an employer may not retaliate against any employee who seeks to protect their statutory rights to minimum wages and overtime wages, and if an employer is proven to have engaged in retaliation as a result of an employee’s participation in a case for unpaid overtime, an employer may be subjected to additional damages.

Case Details

The Shavitz Law Group is working cooperatively with other attorneys in various states to provide representation to assistant managers.  Assistant managers are eligible to join the multi-district case from any state nationwide.  The six original lawsuits in which the Shavitz Law Group represents the claims of assistant managers for unpaid overtime are:  Wayman F. Graham II v. Enterprise Leasing Company et al., Case No. 07-23372 (S.D. Fla.) (the "Graham Action"); Elsa DePina. v. Enterprise Leasing Company of Orlando et al., Case No. 6:09-cv-359 (M.D. Fla.) (the "DePina Action"); Tori Gaudelli, et al. v. Enterprise Rent-A-Car Company of Tennessee et al., Case No. 09-CV-058 (N.D. Ga.) (the "Gaudelli Action"); Jeffrey Galia, et al. v. Enterprise Rent-A-Car Company et al., Case No. 09CV1504 (N.D. Ill.) (the "Galia Action"); Jasmine Bromfield, et al. v. Enterprise Rent-A-Car Company et al., Case No. 09-CIV-2403 (S.D.N.Y.) (the "Bromfield Action"); and Hagler v. Enterprise Leasing Company – South Central, Inc., et al., Case No. 09-cv-00910-LSC (N.D. Ala.) (the "Hagler" Action).  Other counsel represent assistant managers in two other cases: Averill v. Enterprise Rent-A-Car Company, Case No. 1:08-cv-04191 (N.D. Ill.) (the Averill Action") and Hickton v. Enterprise Rent-A-Car Company, et al., Case No. 2:07-cv-01687-JFC (W.D. Pa.) (the "Hickton" Action).   The collective action allegations in the Graham case in Florida, the Averill case in Illinois, and the Hickton case in Pennsylvania were stayed in advance of the transfer.  All cases are part of the multi-district proceeding and are expected to proceed together accordingly.