ASBURY AUTOMOTIVE GROUP OVERTIME CASE
If you are a current or former employee of Asbury Automotive Group who cleaned or detailed automobiles and were not paid all overtime compensation owed to you, you may be eligible to participate in this case and should carefully review the following.
Summary of the lawsuit
On May 2, 2011, five current employees of Asbury Automotive Group filed a lawsuit in federal court in Atlanta, Georgia alleging that Asbury failed to pay them overtime compensation. The case is Gardenia D. Denny, et al. v. Asbury Automotive Group, Inc., Case No. 1:11-CV-01415-WSD, U.S. District Court, Northern District of Georgia.
The Plaintiffs allege in the lawsuit that their principal job function as employees of Asbury is to clean or detail vehicles. The Plaintiffs contend that current and former Asbury workers employed as "Technicians," "Service Technicians," "Detailers" or "Courtesy Washers" perform the same or similar job functions, are similarly situated, and are owed unpaid overtime compensation. The Plaintiffs further contend that Asbury "Technicians," "Service Technicians," "Detailers," and "Courtesy Washers" are not paid bona fide commissions, regularly work more than 40 hours per week, and are entitled to be paid for all hours worked over 40 in a week at the rate of one and one-half times their regular rate of pay. To see a copy of Plaintiffs’ complaint, click here.
If the Plaintiffs’ allegations are correct, under the Fair Labor Standards Act eligible former and current Asbury employees who have cleaned or detailed vehicles at an Asbury dealership since May 2, 2008 may be owed back overtime pay, liquidated damages equal to the unpaid overtime compensation, and litigation costs and attorneys' fees. The lawsuit is ongoing; the Court has made no findings that Asbury is liable or not liable.
How do you determine if you have a claim?
If each of the following applies to you, you may be eligible to bring a claim in
this case:
(1) During the period from May 2, 2008 through the present you were employed at an automotive or truck dealership owned by Asbury and your job duties principally involved detailing or cleaning vehicles; and
(2) You worked overtime (more than 40 hours per week) on a regular basis and believe that you were not paid a proper overtime rate of pay for all overtime worked.
Get more information
For more information concerning the lawsuit and the plaintiffs' claims, view a
copy of the complaint
here.
For more information about joining the lawsuit or to discuss your claim, contact
one of
the lawyers representing the Claimants in this matter:
Jay Brownstein
Brownstein Nguyen & Little LLP
2010 Montreal Road
Tucker, Georgia 30084
(678) 921-0143
jdb@bnllawfirm.com
Kevin Little
Brownstein Nguyen & Little LLP
1201 Peachtree Street N.E.
Suite 200, 400 Colony Square
Atlanta, Georgia 30361
(404) 921-4040
ksl@bnllawfirm.com
You are not required to be represented by Plaintiffs’ attorneys to participate
in the lawsuit. You may retain the attorney of your choice to represent you.
Calling or sending a confidential e-mail with questions will not obligate you to
join, nor cost you anything.
Retaliation?
The Fair Labor Standards Act prohibits Asbury from taking any action against you for participating in this lawsuit.