Miami Car Salesman Accuses Employer of Illegal Pay Practices

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Three operating companies of Miami Lakes Auto Mall and Driver’s Auto Mart and an individual owner are facing a proposed class action that takes issue with the defendants’ pay practices. The plaintiff in the case says he worked as a salesperson at the defendants’ automobile dealerships and was paid on a commissions-only basis. According to the suit, if an employee earned less in commissions than minimum wage, he or she would be paid minimum wage for each hour “logged,” only to have this amount subtracted from future commissions earned.

“Thus,” the complaint argues, “any amount paid on account of hours during a given bi-weekly pay-period is not paid finally and unconditionally, but rather is treated by the Employer as money owed to it by sales personnel, which amounts they automatically and systematically withdraw from commissions earned after employees are paid the wages.”

This system, according to the suit, encouraged the underreporting of hours worked and caused employees to be robbed of their due wages.