Tire Club USA

Case Information:

This is a Fair Labor Standards Act (FLSA) case brought by Isaac Trujillo, a former hourly sales clerk of Tire Club USA, Inc. and Tires Auto Service LLC.  The lawsuit claims that Defendants refused to pay overtime to any of their sales clerks even though these employees often worked over forty hours per week.   Instead, Defendants would pay their sales clerks straight time for all hours worked.

The suit also alleges that in an attempt to avoid their overtime obligations, Defendants would attempt to make it look like employees were working at both Tire Club USA and Tires Auto Service each pay period, when in reality, they were only performing work for Tire Club USA.  Through this scheme, Defendants could argue no employee ever worked more than 40 hours per week for either business, and therefore, no overtime was due.

The lawsuit requests lost wages liquidated (double) damages, injunctive relief, and attorneys’ fees.

You can read the Complaint here.

Status Updates

November 6, 2018 - Court Conditionally Certifies Class Action

On November 6, 2018, the Court granted Plaintiff’s Motion for Conditional Class Certification.  You can read the Order here.  The Court approved the Notice and Consent Form and ordered that we send the Notice and Consent Form to all individuals who worked for Defendants as a sales clerk who not paid time and overtime for their hours worked over forty in a week.  Notices are to be distributed by mail, e-mail, and text. We plan to send out notice  as soon as we have the necessary information to do so.  We expect that to happen in approximately three weeks.  Any class members interested in joining the case will need to return the Consent Form within sixty days.

October 15, 2018 - Motion for Conditional Class Certification Filed

On October 15, 2018, Plaintiff filed a motion for conditional class certification and for judicially supervised notice.  In the motion, which you can read here, Plaintiff asked the court to certify a class of sales clerks who were not paid overtime for their hours worked over forty in a week.  Plaintiffs also requested that the Court authorize Plaintiffs’ counsel to notify all potential class members of this lawsuit and of their ability to join the lawsuit.

May 2, 2018 - Complaint Filed

You can read the Complaint here.