Enterprise, National and Alamo Rent-A-Car Class Action: Unpaid Overtime for Branch Managers and Assistant Managers
This class action alleges that branch managers and assistant branch managers at Enterprise Rent-A-Car, National Car Rental, and Alamo Rent-A-Car branches across Canada have been unfairly denied overtime pay.
Koskie Minsky LLP and De Bousquet PC are jointly acting on behalf of the plaintiff and the class in this action. The class action was commenced on September 18, 2020.
Enterprise, National, and Alamo classify employees working in these positions as “managerial” and/or “supervisory” and do not pay them for their overtime hours. However, it is alleged in the claim that these employees have been “misclassified” and are actually entitled to overtime pay. In particular, employees working in these positions do a very substantial amount of non-managerial and non-supervisory work, including:
- cleaning vehicles between customer bookings
- checking customers into their vehicles
- picking up vehicles from other locations
- picking up and dropping off customers
- working the front counter
- organizing the branch office
This class action is brought on behalf of Branch Rental Managers, Assistant Branch Managers, Station Managers, and equivalent branch-level managers. The class includes employees who have worked in these positions at Enterprise Rent-A-Car, National Car Rental, and Alamo Rent-A-Car branches at any time between January 1, 2010 and the present in the following provinces:
- British Columbia
- Alberta
- Saskatchewan
- Manitoba
- Ontario
- Nova Scotia
- Prince Edward Island
If you worked as a Branch Rental Manager, Assistant Branch Manager, Station Manager, or equivalent branch-level manager at an Enterprise, National, or Alamo branch in one of the provinces listed above, or if you are interested in receiving email updates, please contact us and complete the Class Action Information Form.
For more information, please contact us via toll free at: 1-833-630-1779 or email at: enterpriseclassaction@kmlaw.ca
-
Latest Developments
-
October 13, 2022
Our appeal from the Superior Court’s decision to deny certification has been scheduled for May 10, 2023. We will be asking the Divisional Court to overturn the Superior Court’s decision so that this case can move forward.
-
July 22, 2022
On July 15, 2022, Justice Morgan of the Ontario Superior Court of Justice dismissed the motion to certify this action as a class proceeding. Justice Morgan’s decision is available here.
We will be bringing an appeal from this decision. We remain committed to seeking justice for the members of the proposed class.
-
June 20, 2022
The Court heard the Plaintiff’s motion to certify the action as a class proceeding on June 14-16, 2022. The judge reserved his decision following the hearing. We will share an update on this page once we receive the judge’s decision.
-
April 12, 2021
The motion to certify this action as a class proceeding will be heard by the Ontario Superior Court of Justice on June 14-16, 2022.
-
February 26, 2021
An Amended Statement of Claim has been issued in this case.
-
October 13, 2022
-
Documents
-
FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
-
Contacts
Toll-free: 1-833-630-1779
Receive Updates and Submit a Class Action Form
