SAN FRANCISCO--(BUSINESS WIRE)--Attorney Kelly M. Dermody of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announced the filing today of a class action lawsuit charging that CarMax, Inc. and certain subsidiaries (collectively “CarMax”), have a common, uniform practice of misclassifying its buyers as exempt and failing to pay them for all overtime hours worked, in violation of federal and California overtime pay laws.
“CarMax's great success in the used vehicle sales market rests in part on the hard work and long hours of its dedicated buyers,” stated plaintiff Mike Luchini. “We work through early mornings, meal times, and late evenings for the company. We just ask to be paid for the hours we have worked, according to what the law requires.”
Plaintiff's counsel Kelly M. Dermody stated, “This lawsuit seeks fair compensation for CarMax’s roughly 1,500 buyers nationwide. Their valuable overtime work, which we allege has been unpaid, has been fundamental to CarMax’s success in the marketplace.”
CarMax employs buyers, including senior buyers and buyers-in-training, nationwide to collect information on used vehicles for entry in its computer systems so that an appraisal price can be calculated. CarMax car buyers must carefully adhere to CarMax’s detailed policies and practices, follow step-by-step procedures, and use CarMax’s comprehensive systems. Due to their large workload, including regularly traveling to and attending auctions, the complaint alleges that buyers work a significant amount of weekly overtime. The lawsuit seeks to recover overtime pay for the hours those employees have worked in recent years.
Lieff Cabraser serves as counsel for the plaintiff and proposed nationwide class. The proposed class includes current and former buyers-in-training, buyers, and senior buyers who have worked anywhere in the United States in the past three years.
The lawsuit, entitled Luchini v. CarMax, Inc., Case No. 1:12-at-00167, was filed in United States District Court in Fresno, California.
Legal Resources for CarMax Buyers
Current and former CarMax car buyers, senior car buyers, and buyers-in-training who wish to better understand their legal rights or discuss their work experiences to plaintiffs’ counsel should visit www.buyerOT.com or www.lieffcabraser.com/carmaxlawsuit.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York, and Nashville. Lieff Cabraser has a comprehensive and diverse practice which includes representing employees in wage and hour class action lawsuits seeking overtime pay. Since 2003, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.