On January 13, 2020, Judge Esther Salas of the U.S. District Court for the District of New Jersey granted final approval of a settlement of a federal overtime class action lawsuit against Wells Fargo & Company, which was brought on behalf of employees who alleged that the bank violated their rights under the Fair Labor Standards Act (“FLSA”) as well as state wage and hour laws.
What Does the Lawsuit Allege?
The overtime class action alleged that the bank failed to pay certain of its hourly workers in Connecticut, Minnesota, Nevada, New Jersey, New York, North Carolina, Pennsylvania, and other states sufficient compensation for the work that they did beyond 40 hours per week. The members of the settlement class included personal and private bankers, customer service representatives, and business bankers.
These workers were presented with sales targets and expectations that they could not attain within their regular 40-hour workweek. This led many employees to perform work-related activities outside their scheduled hours. However, the bank failed to pay its employees for this excess work, despite it being necessary in order to reach their given quotas.
Wells Fargo’s payment methods violated state and federal labor laws, which require workers to be paid one-and-one-half their regular rate of pay for all hours worked in excess of 40 per week. As a result, the court ordered $24 million to be paid by the bank to be allocated on a pro-rata basis among the hourly workers who were identified as members of the class. In addition, the two original named plaintiffs each received service awards of $20,000 and seven other named plaintiffs received services awards ranging from $5,000 to $10,000.
The case is Merino v. Wells Fargo & Co., Case No 16-cv-07840 (D.N.J.).
How Can I Join an Overtime Class Action?
Overtime payment violations are common forms of wage theft that harm many hardworking employees who engage in work outside of the typical 40-hour workweek.
If you believe that your employer has failed to pay you and your coworkers appropriate overtime wages, please contact We Stop Wage Theft at 844-696-7492 (toll-free) or email us at [email protected]. You can also fill out the form on this page. One of our professionals will get back to you in 24 hours.
Do I Have to Pay Attorney’s Fees?
No. We Stop Wage Theft attorneys handle claims for unpaid wages on a contingent fee basis. The lawyers don’t get paid unless you get paid.