TD Bank Agrees to $9.9M Unpaid Overtime Class Action Settlement

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TD Bank NA has agreed to pay $9.9 million in an unpaid overtime class action lawsuit settlement over allegations the bank failed to pay assistant managers overtime wages. The settlement fund will provide relief to an estimated 2,600 eligible Class Members.

The TD Bank unpaid overtime class action lawsuit was filed in New York federal court in February 2013 by plaintiffs Michael Puglisi, Faina Miller, Kathleen Hurst, Sadia Syed, and Clayton Mills, all current and former employees of TD Bank who held the position of Assistant Store Managers (ASMs). These plaintiffs alleged that “TD Bank violated the Fair Labor Standards Act (‘FLSA’) and the wage and hour laws of New York, Pennsylvania, and New Jersey by improperly classifying them as exempt from federal and state overtime requirements and failing to pay them and other ASMs overtime wages.”

While the manager job title suggests that the plaintiffs would be exempt from overtime pay, Puglisi and company claim that they perform various non-exempt, non-managerial duties, including bank teller duty, counting money in the bank’s vault, and opening and closing the various company branches.

In February, the plaintiffs received class certification. According to the TD Bank unpaid overtime class action lawsuit, the Class would include: “any and all current and former ASMs employed by Defendant in TD Bank retail stores nationwide during the period from March 14, 2011, through and including the date the Court enters the Preliminary Approval Order.” This settlement also covers three groups of subclass consisting of current and former TD Bank assistant store managers employed in New Jersey, New York, and  Pennsylvania from Feb. 4, 2007 through the time of the court’s preliminary approval.

While the settlement amount for each eligible Class Member may vary, it is estimated that on average each individual will receive about $2,791. Additionally, a dozen or so of the plaintiffs are seeking service award approvals ranging anywhere from $7,000 to $15,000.

The TD Bank Unpaid Overtime Class Action Lawsuit is Michael Puglisi, et al. v. TD Bank NA, Case No. 2:13-cv-00637, in the U.S. District Court for the Eastern District of New York.

FLSA Regulations Regarding Overtime Pay

The Fair Labor Standards Act (FLSA) was passed into law by the U.S. Congress to guarantee employees receive fair wages and are properly compensated for all hours worked. These labor laws were also established with the expressed goal to protect workers from potential danger, exploitation, and abuse by employers.

The FLSA says:

“Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.”

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If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.