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Vol. 36 / Issue 6 / June 2018
Former TX Body Tech Alleges Uptown Collision Owes Overtime Pay, FLSA Mandates 1.5 Time OT
SCRS Meeting Includes Election, Awards, Info Related to DEG
by Noddy A. Fernandez, Southeast Texas Record
by Autobody News Staff
A former employee of an automobile repair shop has alleged he was paid only regular time for overtime work. Luis Rodriguez filed a complaint on May 3 in the Houston Division of the Southern District of Texas against Uptown Collision Center LLC alleging violation of the Fair Labor Standards Act. According to the complaint, the plaintiff alleged that he worked for the defendant as an hourly paid auto body repair worker from Sept. 1, 2017, to Feb. 27, 2018. He claimed that he worked an average of 57 hours per week but was allegedly not
compensated for overtime hours at a rate of time-and-a-half for all hours worked in excess of 40 per week. He alleged the defendant owes him $472.60 for the week of Jan. 14 alone for his “and-a-half” portion of his overtime premiums. The plaintiff held Uptown Collision Center LLC responsible because the defendant allegedly failed to compensate its employee’s hours worked in excess of 40 hours at the rate of one-andone-half times their regular rate. The plaintiff requested a trial by jury and seeks payment for overtime compensation, an equal amount as liquidated damages, attorneys’ fees, costs and See Overtime Pay, Page 53
CA Jury Awards Fired Allstate Employee More Than $18 Million by Denise Johnson, Claims Journal
A former Allstate Insurance Co. employee who was fired following an arrest has been awarded more than $18 million in damages. The San Diego Union-Tribune reported a San Diego jury awarded 55-year-old Michael Tilkey about $2.6 million in actual damages and nearly $16 million in punitive damages in his wrongful termination lawsuit. Tilkey was fired by Allstate in
2016 after he was arrested in Arizona the prior year following an argument he had with his then-girlfriend. According to the original complaint, Tilkey had worked for Allstate for 30 years, starting with the company soon after receiving his bachelor’s degree. He worked his way up to field sales leader, advising 30 independent agents and support staff. He alleged that despite his stellar work performance, he was fired without warning in May 2015. The See CA Jury Awards, Page 6
A fourth open seat on the board was filled by Dominic During several days of Brusco of PPG, who had events in Denver in midpreviously spent five years April, the Society of Collion the SCRS board earlier sion Repair Specialists this decade. He defeated in(SCRS) elected new board cumbent Mark Bodreau of Matthew members, presented several Caliber Collision, who durMcDonnell ing his 5-year term on the awards and held a meeting that offered presentations on techni- board had sold his Virginia collision cal issues and free tools available to repair business to that consolidator. SCRS Chairman Kye Yeung said Bothe industry. dreau had been “an integral Three current SCRS part of the board,” and hoped board members were rehe would continue to play a elected to another term. Rerole in the association. taining their seats on the board were Michael BradDuring discussions and presentations at the “open shaw of K&M Collision in North Carolina, Bruce Halmeeting” portion of the association’s board meeting in cro of Capital Collision CenAmber Alley Denver, Matthew McDonters in Montana and Paul See SCRS Meeting, Page 26 Sgro of Lee’s Garage in New Jersey.
LA Collision Shop’s Business Operations Questioned by State, Concerns are Holding Vehicles Too Long, Fees by Brittany Weiss, WBRZ
The Attorney General has sued a body shop with a 30-year history, alleging that the company’s business practices and advertising are dishonest. The suit, filed May 11 against Owens Collision in Baton Rouge, LA, asked a judge to force the company to stop work and maintain its records until the lawsuit moves forward. A lawyer for the body shop said the business is working with the Attorney General to correct the problems and resolve complaints. “We are going to take all the Attorney General’s actions serious and we’re going to work with them and try to work to try to resolve the issues that they have,” said Earl & Messer Attorney Ashly Van Earl. The suit said Owens misrepresented the contract customers signed
and held vehicles longer than necessary “to increase non-repair fees.” It also claimed that Owens marked up the cost of parts and billed for unreasonable fees. Henry Cobb brought his 2012 Honda Civic to Owens a year ago. To his knowledge, his now dismantled car is still on the collision center’s property. “I just don’t know how he’s still doing it,” said Cobb. Last May, Cobb was involved in a minor vehicle accident. The left side doors of the car were dented and scraped. His insurance company awarded him $4,500 for the damages. Cobb said he went to Owens Collision and signed a two-page contract. It wasn’t until the next day did he notice a copy of his insurance award was in the original’s place. He never endorsed See Shop Questioned, Page 16
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