HOUSTON – One of the largest commercial tire dealers in North America is facing a class action lawsuit for allegedly not paying sales representatives overtime.
Individually and on behalf of all similarly situated employees, Michael Ferrel filed suit against Southern Tire Mart on March 5 in the U.S. District Court for Southern Texas, Houston Division.
Ferrel brought the suit under the Fair Labor Standards Act in hopes of recovering overtime wages from the company.
Clifford
From Oct. 1, 2016, to Jan. 30 he was employed by Southern Tire Mart, regularly working between 49 to 53 hours a week, but was only paid a salary compensating him for a 40-hour workweek, according to the lawsuit.
“Defendant classified Plaintiff as exempt from the FLSA’s overtime-pay requirements,” the suit states. “Defendant did not pay Plaintiff 1.5 times his regular rate of pay for each hour he worked over 40 each week during his employment with Defendant.”
Ferrel asserts the company owes him 1.5 times his regular rate of pay for each hour he worked over 40 each week during his employment.
He seeks to certify a collective action of all sales representatives who were not paid time-and-a-half for overtime hours.
With around 74 locations across the country, Southern Tire Mart employs more than 150 counter sales representatives, according to the lawsuit.
Ferrel is represented by Houston attorney Dennis Clifford.
Case No. 4:18-cv-00688