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A former Enterprise Rent-A-Car worker says the company not only refused to pay for his and other employees’ overtime hours, but it didn’t even bother to record the extra time they worked.
Lead plaintiff, Jared L., says that he worked in positions deemed “management” for the car rental company in various locations in Ontario between July of 2017 and December of 2020. He says that he, along with others in similar positions, was paid a salary as well as commissions; however, Enterprise misclassified Jared and other workers as ineligible for overtime.
“Under the Applicable Provincial Employment Standards Legislation, the Class Members’ positions are in substance non-managerial and/or non-supervisory, and so are not subject to any Managerial Exemption,” argues the class action lawsuit which seeks to represent workers in seven provinces including British Columbia and Ontario. “Class Members are given a very limited scope of authority and discretion, and the common functions performed by the Class Members are of a non-managerial and non-supervisory character.”
Indeed, Jared says that his duties included cleaning vehicles, booking reservations, taking phone calls, processing rental returns, and cleaning and organizing the office.
The proposed class action lawsuit, filed in Ontario Superior Court, contends that Jared and other employees Enterprise called “managers” didn’t take on duties that would have made them ineligible for overtime pay. However, the company allegedly misclassified them and required them to regularly work more than 40 hours a week.
Jared claims that he was regularly scheduled for 55 to 80 hour work weeks, sometimes from open to close and on weekends, but never got paid overtime.
“The number and nature of the responsibilities given to the Class Members makes it generally impossible for them to complete all of their duties within the hours of their scheduled shifts,” the class action lawsuit asserts. “Accordingly, Class Members usually arrive earlier than official branch opening times to prepare the branch for a day of business, and stay later than the official branch closing times in order to complete closing tasks and prepare for the next day.”
The proposed class action lawsuit seeks to represent others who worked at Enterprise Rent-A-Car as Branch Rental Managers, Assistant Branch Rental Managers, or Station Managers at Enterprise or its associated brands, including National Car Rental and Alamo. The plaintiff seeks to represent those who worked in these capacities in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, and Prince Edward Island between Jan. 1, 2010 and the present.
Have you worked for Enterprise Rent-A-Car? Did the company short you on overtime pay? Tell us about your experience in the comment section below.
The lead plaintiff and proposed Class Members are represented by Jonathan Ptak of Koskie Minsky LLP and Jean-Alexandre De Bousquet and Daria Chyc of De Bousquet PC.
The Enterprise Rent-A-Car Class Action Lawsuit is Jared L. v. Enterprise Rent-A-Car Canada Company, Case No. CV-20-00647858-00CP, in the Ontario Superior Court of Justice.
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15 thoughts onEnterprise Rent-A-Car Failed to Pay Employees Overtime, Class Action Lawsuit Claims
I was an actual slave. As a manager and assistant manager i worked from 6am to 7pm five days per week, and 7am-130 pm every other weekend. There was not a week I worked under 60 hours, even when I had the weekend off I would stay till like 9pm getting the place ready for Saturday.
I worked as an assistant and branch manager from 2012 to 2017. Aside from my two hour round trip commute I regularly started before 7 am and didn’t leave the branch until after 6pm. I was always curious why we weren’t getting overtime pay and why some of the trainees made as much as we did (because they were able to collect OT). Also the area managers were routinely on power trips and treated us like units of labor rather than humans.
I had a 75 min commute daily and still worked my 12 hour shifts with no OT. On top of that, there were puddles where I had to wash cars daily and I requested them to re do the concrete to cover the puddles. I ruined my dress shoes almost weekly. The worst part was that my soles on my shoes were so bad I developed callouses on my feet and have to go to the foot doctor every 90 days to shave them off.
Worked at a large branch as an Assistant where I was working 60-80 hours per week. This was the expectation. I was making less than the car detailers because they were working the same amount but receiving over time. I moved to a dealership branch as an Assistant with no Manager but was still receiving Assistant Manager pay. This location was less busy but I was still working an average of 55 hours per week and carrying out the same duties as a Management Trainee. I was expected to work at least every other Saturday. All staffing decisions were made by the Area Manager.
As a Spouse of a Branch Manager of Enterprise (Kelowna) I was a witness of psychological abuse (threats/bullying) via texts and emails on his rare time off from his 12-13 hour works days 6 days a week and he also went in on Sundays to clean cars for the upcoming week. I was about ready to have a nervous breakdown because of it all and made some calls on my own and managed to access the HR Manager- emailed her a couple of times with regards to all of this, as it was not just ruining his life/health with chronically high blood pressure, it had the same effect on me. I never once received a response from HR and the bullying and threats from his Area Manager continued. We eventually made the decision for him to resign as he was being threatened so much. His 7-8 years working like a Slave for a company that treated him this was was wrong and very unethical. This unusual and cruel punishment was just disgusting. Something you would never think would happen in Canada.
I was a running a branch the first week I started after both branch managers were terminated. Ran that location for almost 8 mos then moved to another branch and then I opened the southern commercial truck office and ran that as a manager but only paid asst branch manager salary. Many days would include delivering trucks out to areas well beyond my branch limits and sometimes late nights and weekends to pick up, deliver or prep trucks for customers, install equipment (fire extinguishers, back up arms, headache racks, step bars, canopies, other various other field related equioment) again all under an asst branch manager pay.
This also in and above the normal required branch duties.
I worked with them from 2010 to May 2017, out of which 5 years as Manager, I don’t remember working less than a minimum of 60 hours a week for the entire 7 years I worked there, there is a time when there was an Audit from corporate for Airport Branch where I was the manager and I would work 80+ hours that week. It’s about time the lawsuit is happening, after I left in 2017, 4 other Branch Managers left the same year.
Same experience! Worked as an assistant for 4 years. Easily worked 60+ hours a week never paided overtime. Was told we’re on salary and didn’t get overtime. And didn’t need to clock in or out was automatically done, but was definitely less than the hours we actually worked
I experiencing the same thing. Worked as an assistant manager for over 7 months on average of 60 to 80 hours a week for weeks straight and no overtime.
I was also an assistant manager at enterprise in Ajax, I would consistently work 50 plus hours a week, sometimes making less money than management trainees as they would get paid overtime and I would not. I also worked through countless lunches, never taking a break and was told that my hard work would pay off, that everyone had to do it to get where they are and that the harder and longer I worked the more the branch would profit and the more my commission would be. I made on average 50,000 a year working 12 plus hours a day. Would love to be a part of this
Derek, your comment is exact what I was going to write! I look forward to see the updated on the lawsuit