U.S. Bank Agrees to $1.9M Unpaid Overtime Class Action Settlement

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U.S. Bank NA agreed to an unpaid overtime class action lawsuit settlement over labor code violations that were alleged by former and current bankers.

The plaintiffs have charged U.S. Bank with: “(1) failure to provide legally compliant rest periods, (2) failure to pay all wages immediately upon termination, and (3) failure to meet the legal standard for providing suitable seating.” Although U.S. Bank has denied the unpaid overtime allegations, the company agreed to a class action settlement to avoid further litigation and court expenses.

The unpaid overtime class action lawsuit against U.S. Bank was filed in August 2012 by U.S. Bank employees Cynthia Brooks and Jacob Swoyer. Both plaintiffs allege that U.S. Bank employees working under the titles In-Store Banker 1, In-Store Banker 2, Senior In-Store Banker 1, and/or Senior In-Store Banker 2 (also known as the Class Positions) were not given the legally required rest periods during work days when only two employees were scheduled to work.

Brooks and Swoyer further allege they and other Class Members were not paid final wages in a timely manner after termination of employment, and that they were “not provided with suitable seating during the class period from September 30, 2010 to February 6, 2014.” In June, after three days of mediation, both parties came to an agreement which established an unpaid overtime settlement fund of $1.9 million, a portion of which qualifying Class Members will receive as payment from U.S. Bank.

If you are an eligible Class Member, you do not need to do anything to receive your portion of the settlement. A a check will be sent to you. One you receive the check, you will have 90 days to cash the unpaid overtime settlement check.

The potential awards to each Class Member from this unpaid overtime class action settlement may vary, though ,“it is estimated that each participating Settlement Class Member will be paid approximately $7.60 for each week he or she worked in a Class Position during the Class Period.”

If you have any questions regarding your settlement amount, contact the Settlement Administrator at 888-755-9508.

The plaintiffs and the Class’ legal counsel included Eve H. Cervantez  and Laura S. Trice of Alshuler Berzon LLP, and Harvey Sohnen and Patricia Kelly of Law Offices of Sohnen and Kelly.

The U.S. Bank Unpaid Overtime Class Action Lawsuit is Brooks, et al. v. U.S. Bank NA, Case No. C12-4935 EMC, in the U.S. District Court for the Northern District of California.

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