On June 15, 2018 Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed class action lawsuit against Rock Chevy Dealership in Grayslake, Illinois on behalf of sales representatives for the affected time period of December 20, 2014 until the date of final judgment in this matter. This lawsuit seeks to recover minimum wages, unpaid commissions and unlawful deductions for Plaintiffs and similarly situated co-workers – who worked for Grayslake Autos LLC, Scott Falcone and Robert D. Watson (collectively “Rock Chevy”).
The lawsuit alleges that the company engaged in a pattern and practice of deducting wages from earned commissions and failing to pay minimum wage. During applicable work weeks, sales representatives for Rock Chevy were paid pursuant to a commission agreement plus a draw and/or salary and ultimately paid less than the minimum wage required by the Fair Labor Standards Act (“FLSA”) and Illinois Minimum Wage Law (“IMWL”). Unfortunately, Rock Chevy implemented an ongoing scheme whereby it manipulated the gross profits of cars sold thereby reducing its sales representatives’ commissions and increasing its own profits.
In violation of the Illinois Wage Payment and Collection Act (“IWPCA”), Rock Chevy inflated what they reported as the price of a vehicle before resale through additional “packs” and other items not agreed to by sales representatives. Moreover, Rock Chevy would also reduce the commissionable gross when a customer traded-in one vehicle for the purchase of another vehicle of a different make and model. Rock Chevy also has a policy and/or practice whereby sales representatives are impermissibly charged back paid commissions. These charge backs, are often made weeks or months after the sales representatives closed a deal, received the commission, and were given a commission breakdown. The reduction of commissions by the imposition of these charge backs was not agreed upon in writing with the sales representatives, in violation of the IWPCA.
Unfortunately, it has become an industry standard for car dealerships to implement these pay policies. If you are a commissioned salesperson, and your employer has unlawfully deducted from your wages, please call our firm for a free consultation. Fitapelli & Schaffer, LLP has significant experience obtaining favorable results for hard working employees who have been cheated out of their rightfully earned wages. Call us at (212) 300-0375 for your free phone consultation today.
You can also view the complaint here.