Heba Elsherif  |  December 14, 2017

Category: Labor & Employment

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Depositphotos_154366014_l-2015Meridian Bank faces an unpaid overtime hours lawsuit filed by three former employees, plaintiffs Juan J., Cheri U., and Jack M., who are alleging violations of the Fair Labor Standards Act (FLSA).

Defendants facing the unpaid overtime hours lawsuit also include Thomas C., Meridian’s Vice President of Residential Lending, and Christopher A., Meridian Bank’s President. Meridian Bank, headquartered in Malvern, Pa., provides mortgage banking services to consumers in Pennsylvania and New Jersey.

According to the unpaid overtime hours lawsuit, the three employees worked for Meridian as inside sales Loan Officers. Juan worked for Meridian through the Northfield, N.J. office while Cheri and Jack both worked for the bank’s Mechanicsburg, Pa. and Plymouth Meeting, Pa. offices, respectively.

The former employees allege that they were forced to work more than 40 hours per week without overtime compensation, the unpaid overtime hours lawsuit states. The plaintiffs also allege that they did not receive minimum wage as required by both New Jersey and Pennsylvania law.

The unpaid overtime hours lawsuit was filed as a class action proposing to represent all other employees similarly situated. The plaintiffs hope to recover unpaid overtime compensation, liquidated damages, and other relief.

Class Action Overtime Lawsuits and FLSA

Wage and hour violation lawsuits often are filed once an employee realizes that they have been the target of violations such as the failure to pay overtime. Regulations like wage and hour laws help limit FLSA violations that harm employees. Unfortunately, many workers are not aware of the protections the Fair and Labor Standards Act (FLSA) offers, and this can lead to them being taken advantage of.

According to the Department of Labor (DOL), the “FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.”

The DOL establishes the federal minimum wage at $7.25 per hour. Additionally, in cases where states have both federal and state minimum wage laws, an employee is entitled to the higher minimum wage of the two.

Federal regulations regarding overtime pay include that an employee must be paid overtime for hours worked more than 40 hours per week. These overtime hours must be compensated “at a rate not less than one and one-half times the regular rate of pay.”

When filing a lawsuit alleging a violation of the FLSA, an employee generally has 2 years from the time of the violation to file a claim. In cases of knowing or willful violations, however, the statute of limitations is extended to 3 years.

In addition to unpaid overtime violations, there are other common violations associated with the FLSA. Some of these violations include: 1) misclassification of exempt employees, 2) independent contractor misclassification, 3) off-the-clock work, 4) unpaid on-duty meal and rest breaks, 5) improper calculation of the regular rate, 6) improper deductions from salaried employees, 7) illegal tipping practices and 8) failure to pay the minimum wage.

The Meridian Bank Unpaid Overtime Hours Lawsuit is Case No. 2:17-cv-05251-JP, in the U.S. District Court for the Eastern District of Pennsylvania.

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