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Court Grants Preliminary Approval of Class Settlement Against Hertz

Back on August 22, 2019, the District Court for Denver County, Judge Martin Foster Egelhoff, preliminarily approved a class settlement between my client, David Kanefsky, and The Hertz Corporation (“Hertz”). Mr. Kanefsky worked for Hertz at its Denver International Airport location as a Counter Sales Representative. My client alleges that during this time he was not allowed to take paid 10-minute rest breaks as guaranteed under Colorado law, and that despite complaining to management about not being given breaks, he and his coworkers were continually denied these breaks.

Mr. Kanefsky’s case is notable as Hertz initially argued the law did not provide a cause of action for Mr. Kanefsky to sue in court for his unpaid breaks, let alone for him to sue on behalf of a putative class. After intensive briefing on the issue, the Court ruled that individuals in Colorado that are denied their rest breaks may indeed sue for these unpaid wages. Subsequent to that ruling, the parties were able to negotiate a fair settlement that allows for class based relief for Mr. Kanefsky and all other Counter Sales Representatives similarly situated to him, i.e., all Counter Sales Representatives that worked at Hertz’s DIA location between May 7, 2016 and February 8, 2019. Up to 175 current and former employees of Hertz may obtain relief under this settlement.

Hertz has agreed to pay up to $100,300 to this potential class of 175 former and current employees. This settlement allows for reimbursement of a substantial number of unpaid 10-minute breaks missed by Hertz’s employees over a nearly three year period. A final hearing during which the Court may approve this class settlement is scheduled for December 6, 2019, while notice of this settlement is being mailed to potential class members at present.

John Crone