Fidelity Unpaid Wages Class Action Settlement

Current and former Fidelity employees have secured a $1.2 million unpaid wages class action settlement.

Class Members include California Fidelity employees who were classified as “non-exempt” and received bonus compensation and/or compensation under a student loan payment or fitness reimbursement program between Oct. 20, 2013 and Oct. 1, 2018 and received overtime pay.

A second group of Class Members includes any current or former non-exempt Fidelity employee outside of California who participated in either the student loan or fitness reimbursement programs between May 31, 2015 and Oct. 1, 2018 and received overtime pay during that time.

Lead plaintiff Adrian Morris lodged the Fidelity unpaid wage class action lawsuit in 2017 alleging that the financial institution had incorrectly calculated overtime pay for her and other employees.

Morris, who said she worked for Fidelity between 2015 and 2017, reportedly participated in the company’s loan repayment assistance program and a fitness reimbursement program.

According to the Fidelity unpaid wage class action lawsuit, Morris and other employees were not paid for all of the overtime they worked while participating in these programs.

Morris, a California resident at the time, filed the class action lawsuit against Fidelity and its parent company FMR based on alleged violations of state and federal employment laws.

Fidelity attempted to dodge the class action lawsuit by claiming the plaintiff was not employed by its parent company, FMR, citing a supposed typo in Morris’s employment paperwork. A federal judge disagreed, and the Fidelity unpaid wages class action lawsuit continued.

In December 2018, the plaintiff filed a motion to approve the Fidelity class action settlement, which was later revised and preliminarily approved of in February 2019.

“ … [T]he proposed settlement agreement compels defendants to change their business practices to address the issues raised in this lawsuit,” U.S. District Judge William Alsup wrote. “This corrective measure, combined with the monetary payout to the class, falls within the range of possible approval.”

Under the terms of the Fidelity unpaid wage class action lawsuit, Class Members will automatically receive a check based on the programs they participated in and the amount of overtime worked.

To opt out of the Fidelity unpaid wage class action settlement, Class Members must notify the settlement administrator by May 2, 2019. Objections must be postmarked no later than July 18, 2019.

Who’s Eligible

California Class includes “all former and current non-exempt employees of Fidelity Brokerage who, while employed by Fidelity Brokerage in California at some point during the period from October 20, 2013 to October 1, 2018 (1) were paid bonus compensation pursuant to a written bonus compensation plan that does not provide for bonuses paid as a percentage of earnings (‘Compensation Plans’) and were also paid a bonus overtime adjustment with respect to that bonus compensation; and/or (2) received student loan repayments pursuant to Fidelity Brokerage’s Step Ahead Student Loan Program and worked overtime during the month in which a student loan repayment was made; and/or (3) received fitness reimbursements pursuant to Fidelity Brokerage’s Fitness Reimbursement Program and worked overtime during the pay period in which the fitness reimbursement was paid.”

FLSA Collective includes “all former and current non-exempt employees of Fidelity Brokerage who worked outside of California who, while employed by Fidelity Brokerage at some point during the period from May 31, 2015 to October 1, 2018 (1) received student loan repayments pursuant to Fidelity Brokerage’s Step Ahead Student Loan Program and worked overtime during the month in which a student loan repayment was made; and/or (2) received fitness reimbursements pursuant to Fidelity Brokerage’s Fitness Reimbursement Program and worked overtime during the pay period in which the fitness reimbursement was paid.”

Potential Award

Varies. Each Class Member’s award will depend on the programs they participated in and the amount of overtime they worked during the Class period.

Proof of Purchase

None. Class Members will automatically receive a check unless they chose to opt out of the settlement by May 2, 2019. Class Members should update their address with the Settlement Administrator if necessary.

Change of Address Form

CHANGE OF ADDRESS FORM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

N/A – Class Members have until May 2, 2019 to opt out of the settlement and objections must be postmarked no later than July 18, 2019.

Case Name

Morris v. Fidelity Investments, et al., Case No. 3:17-­cv-­06027, in the U.S. District Court for the Northern District of California

Final Hearing

08/22/2019

Settlement Website

MorrisFidelityCollectiveSettlement.com

Claims Administrator

Rust Consulting Inc. – 6484
Re: Morris Matter
PO Box 54
Minneapolis MN 55440-0054
866-245-7027

Class Counsel

Chris Baker
Deborah Schwartz
Michael Curtis
BAKER CURTIS & SCHWARTZ PC

Defense Counsel

Malcom A. Heinicke
Martin D. Bern
Marja­-Liisa Overbeck
MUNGER TOLLES & OLSON LLP

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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