Automotive News Canada - February 2021 - F13

FIXED OPS JOURNAL

LEGAL LANE
tively paid some employees with multiple
checks from different bank accounts, or by
check and cash. "
As an example, the suit said one detailer in
New Jersey averaged 66 hours a week between
July 2018 and January 2020, but payroll records falsely showed him working only 40
hours a week. Another example, the Labor
Department said, was a driver in New Jersey
who averaged more than 62 hours a week but
whose payroll records falsely show only 30
hours weekly over a 16-month period.
In some instances, the civil suit alleges the
Clifton, N.J., company paid below the state
minimum wage. The suit covers a three-year
period starting in January 2017 and doesn't
specify the amount of unpaid overtime at issue.
Defense lawyer Noel Tripp, of Melville, N.Y.,
declined to comment. A Labor Department
spokeswoman said she couldn't comment on
the total amount of allegedly unpaid wages or
how the agency learned of the problem.

Detailing company falsified
time records, Labor Dept. says
A company that provides detailing, valet, car
wash and driver services to about 140 dealerships in New Jersey, New York, Connecticut
and Pennsylvania failed to pay overtime to its
employees and falsified time records for
years, the U.S. Labor Department contends in
a civil suit.
Ernie's Auto Detailing and its president, Ernesto Decena, " systematically and knowingly deprived their employees of required overtime
pay, " the suit charged, affecting 1,504 employees.
The suit filed Dec. 2 alleges that the defendants misrepresented personnel pay rates
and hours on payroll documents and " decep-

Ga. dealership seeks dismissal
of age-discrimination lawsuit
A Georgia Infiniti store has asked a federal
judge to dismiss an age-discrimination suit by
a service consultant who was fired at 62, one
year after winning a Service Consultant of the
Year award, then later rehired.
The store hired Sandy Gaither in 2011, discharged him in October 2018 supposedly for
" lack of work " and rehired him in May 2019,
according to court documents.
He contends the store retained " substantially younger service consultants despite their
comparative underperformance. " Gaither also claims that before his termination, supervisors " routinely referred to him as 'too old'
and/or 'too slow.' "
In its Dec. 8 court filing, Infiniti of South Atlanta denied his claims of discrimination and
wrongful termination, adding that it brought
Gaither back " when work became available. "
- Eric Freedman
foj@autonews.com

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Automotive News Canada - February 2021

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