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Do you know that if a group of employees are not paid overtime that each person has their own claim or they can join in what is called a collective action. Bill Seidle’s Nissan was recently sued for non payment of overtime wages because they paid their car salesman commisson only. All of the car salesman tried to join together and sue as a group.
Judge Ungaro in Galban v. Bill Seidele’s Nissan, Case No. 1:09-cv-20310-uu (S.D. Florida) ruled that the Seidle Nissan car salesman did not show there were other car salesman who would opt in to the suit and had not been paid overtime. The court said there had to be “detailed allegations” backed up by sworn statements before the court would allow notice to be given to any Seidle car salesman about the law suit and their potential for unpaid overtime wages.
If you or a group of employees have not been paid overtime, there may be a collective action that can be brought against your employer for unpaid overtime. There can be more power in a group of “similiarly situated” employees who have not been paid the overtime they are due!
Tampa Bay Overtime lawyer Nancy Cavey can answer your FLSA overtime questions. You can reach her at 727-477-3263.