ALTAMONTE SPRINGS, Fla. – Mechanics for Nissan dealerships in Central Florida have come together to file a collective action lawsuit against their employers for failing to pay minimum wage or overtime hours.
On Thursday, four dealerships were issued complaints: Universal Nissan, Reed Nissan Orlando, Reed Nissan Clermont and Sutherlin Nissan. The lawsuit filed by éclat Law claims these dealerships were following a policy set by Nissan North America where they paid its mechanics on a “flat-rate basis,” rather than hourly or salaried wage.
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The suit says that failed to meet the federal minimum wage and didn’t compensate workers for a time-and-a-half rate for overtime hours. Both of these issues are violations of the Fair Labor Standards Act.
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According to the lawsuit, this system encouraged workers to work faster because the more they worked, the more they were paid. However, the mechanics accused the dealerships of misusing the system to compensate below minimum wage and withhold overtime pay. Nissan workers say they spent numerous unaccounted-for hours doing work but were not compensated because they were not “flagged hours.”
Central Florida Nissan dealerships are also accused of forcing mechanics to purchase and maintain their own tools and supplies, without reimbursement.
“We are fighting back on behalf of workers who have been taken advantage of by their employer,” attorney Kevin Ross-Andino said in a news release.
éclat Law believes there are potentially more suits throughout various states, including Florida, Georgia and Alabama.
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