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He said he believes this alleged compensation practice is impacting all Tires Plus employees and has been going on for as many as three years.Change Store, 1558 S Wabash Ave Shop our full line-up of Firestone, Bridgestone and Primewell tires for most driving styles and vehicle types. Yezbak said the plaintiffs are seeking a limited class-action lawsuit against Tires Plus and Bridgestone/Firestone in which he and his partners notify other Tires Plus employees of the suit, and then it's up to them to send in a form stating they wish to be parties in the suit. They also are seeking attorneys' fees from Tires Plus. The plaintiffs are demanding that Tires Plus pay them-and all other current and former Tires Plus hourly workers who choose to join the suit-back pay compensation and benefits unpaid entitlements liquidated damages under federal law equal to their unpaid compensation plus pre-judgment and post-judgment interest. In addition, Tires Plus failed to post notices informing workers of their rights under the Fair Labor Standards Act, which is grounds for ``the application of the doctrine of equitable tolling,' the suit alleges. The suit alleges hourly employees frequently do not take a 30-minute lunch break and are frequently denied compensation for 30 minutes of time spent working. They also claim that Tires Plus deducts 30 minutes per day from each employee's time records regardless of whether the employee receives a 30-minute meal break. The plaintiffs claim the dealership failed to include these spiffs in the rate at which overtime is paid. Yezbak's partner firm, Washington-based Woodley & McGillivary. Spiffs and commissions can account for as much as 35 percent of an hourly employee's pay, according to a prepared statement issued by Mr. These spiffs are ``non-discretionary' because they are awarded based solely upon the products or services sold and not awarded at management's discretion, according to the suit. ``That's why we're going to take that action.' ' According to the suit, hourly sales employees at Tires Plus receive $5 for selling a lifetime alignment to a customer for $99 and $2 for selling transmission services or fuel induction services. ``Most importantly, we certainly value and respect our employees,' he added. ``If during that investigation any errors are found, our associates can be sure that they'll be paid any unpaid overtime legally due.
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``Morgan Tire & Auto is committed to full compliance with all federal, state and local wage and hour laws,' said Matt Hoskins, executive vice president of sales and store operations for Tires Plus. Tires Plus operates 485 outlets across the U.S. Maybe they use the terms interchangeably.' ' Morgan Tire officials said the company is reviewing the lawsuit and its allegations. ``I don't know if (Tires Plus) draws a distinction, but in my mind a spiff is a set dollar amount for a sale whereas the commission is a percentage,' Mr. The regular rate includes spiffs and commissions, Mr. The Fair Labor Standards Act requires that employers pay employees at one and a half times their regular rate of pay for all hours over 40, said Charles Yezbak, a plaintiffs attorney. The suit alleges Willie Buchanan, Steve Forgey and Patrick Reeners-all employees or former employees of Tires Plus locations in Tennessee-were not properly compensated for hours worked in excess of 40 hours. Nashville-based Bridgestone/Firestone is the majority owner of Tires Plus. District Court for the Middle District of Tennessee in Nashville on Dec.Ģ3, claims that Morgan Tire, which does business as Tires Plus, violated employee compensation laws within the Fair Labor Standards Act by excluding ``production payments'-spiffs or commissions-from the calculation for overtime pay. And Bridgestone/Firestone, alleging they were shortchanged on overtime pay. Three employees of Tires Plus have filed a lawsuit against Morgan Tire & Auto Inc. The tires pass without being inspected,' retired Firestone employee Joe Roundtree.
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Bridgestone Retail Operations, LLC (BSRO) operates the world's largest chain of company-owned auto care and tire stores, with four retail brands and 2,200. Terminated employment with Bridgestone and its affiliated companie s before November 1.Bridgestone Final Voluntary 3 (which includes former employees of Bandag Incorporated and its affiliates) (the “Plan” or “Plans”)