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Racial Discrimination & Minimum Wage


Case: Car Salesmen
The Verdict: Racial Discrimination & Minimum Wage (Racial Discrimination & Minimum Wage)
Case Type/Status:
Case Synopsis:

Employee car salesman alleged racial discrimination and PAGA causes of action for minimum wage, overtime and meal break violations against one of the largest car dealerships in San Francisco county. The racial discrimination charges were based on employee’s allegations that employer car dealership would only permit car salesmen, including employee, to approach and sell to potential customers who appeared to be of the same or similar racial/ethnic background as themselves. Employee had been wrongfully terminated for lack of sales due to said disparate treatment and the disparate impact of employer’s discriminatory policy. Upon receiving payroll records it also became apparent that employee and other similarly situated aggreieved salesmen were not being compensated at least minimum wage (and overtime) for all hours worked. Employees car salesmen would receive a minimum draw for the pay periods that they did not

contacted Crosner Legal because employer car dealership would only permit employees to sell to potential customers of the same racial/ethnic appearance as themselves. Employee had been terminated for lack of sales due to said disparate treatment and the disparate impact of employer’s discriminatory policy. Upon receiving payroll records it also became apparent that employee and other similarly situated employees were not being paid a monthly draw that met California minimum wage requirements. In addition, employer did not include the hours worked on the wage statements where employees were paid by commission which we alleged was a wage statement violation. Case settled.

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