On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, located at 206-02 Northern Boulevard, Bayside, New York. The complaint alleged that Defendants failed to pay sales representatives minimum wages, overtime pay, and commissions in accordance with the agreed upon terms of their commission plan.
In the April 12, 2017 Order, the Court determined that Plaintiffs were similarly situated with respect to claims for unpaid minimum wage to allow Plaintiffs to issue notice to other potential sales representatives. As a result, individuals who worked for Star Nissan as a sales representative between the period of April 12, 2014 through the present will receive notice of the lawsuit and have the opportunity to participate in the federal portion of the lawsuit.