Fitapelli & Schaffer, LLP filed a class action complaint for unpaid wages against Enterprise Holdings, Inc. d/b/a Enterprise Rent-A-Car (“Enterprise”). The car rental services provider has allegedly failed to pay its New York-based employees on time. This lawsuit seeks to recover untimely wage compensation and other damages for all similarly situated drivers and manual labor positions (“Manual Workers”) who work or have worked as manual workers for Enterprise in New York State, to remedy violations under the New York Labor Law (“NYLL”).
Drivers for the company spent more than 25% of their shifts completing physical tasks, including transporting fleet cars and vans, driving and delivering vehicles, and cleaning vehicles. At all relevant times, Enterprise compensated its drivers and similarly situated workers on a bi-weekly basis, despite being manual workers entitled to weekly pay under the NYLL. The lawsuit also claims Enterprise failed to supply accurate wage statements with every payment of wages, entitling Manual Workers to statutory penalties in addition to the untimely pay damages.
Why does it matter that Enterprise Rent-A-Car paid drivers bi-weekly?
New York law requires manual workers to be paid weekly. Drivers whose duties are more than 25% physical, which includes transporting and cleaning vehicles, may qualify as manual workers, making bi-weekly pay a violation that entitles them to liquidated damages.
What other violations does this lawsuit allege?
Beyond untimely pay, the lawsuit alleges Enterprise failed to provide Manual Workers with accurate wage statements as required by the NYLL, which can carry its own statutory penalties of up to $5,000 per affected employee.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action under the NYLL may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if I worked at one of these businesses?
Depending on your circumstances, you may be entitled to recover unpaid minimum wages, overtime wages, uniform maintenance pay, uniform reimbursement, and damages tied to inaccurate wage notices or statements.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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