Bank Loses Bid To Escape Santander Managers Lawsuit

A New Jersey federal judge has rejected Santander Bank’s bid to throw out a Santander managers lawsuit.

Plaintiff Crystal S. previously filed a class action lawsuit against Santander Bank N.A.  in June 2017 claiming that, while working for the bank as a bank operations manager, she was coerced into not reporting extra hours worked despite being eligible for and entitled to overtime pay. She says she had no choice but to file the Santander managers lawsuit to recover the pay she was owed.

Defendant Santander Bank recently filed a bid to throw out a class action lawsuit against them on the basis that Crystal’s “wage and hour claims are not maintainable on a collective or class-basis as they are too specific to Sanchez”.

The U.S. District Judge presiding over the case, Judge Peter Sheridan, denied the motion on the grounds that the lawsuit sufficiently pled a claim for class certification.

Sheridan gave a written response: “When viewing the complaint [in] the light most favorable to plaintiff, it is pled with sufficient facts to support a plausible claim for class certification. In her complaint, plaintiff describes the role of BOMs and claims that these BOMs were coerced into not reporting overtime hours, despite being entitled to overtime pay as non-exempt managers.”

Crystal argued for the class certification under the Fair Labor Standards Act and the New Jersey Wage and Hour Law, which Sheridan found to be sufficient.

Crystal responded to the filing by claiming it was premature and said: “the better course is to deny such a motion since the shape and form of a class action evolves only through the process of discovery.”

Crystal says she began working at Santander’s New Jersey location in July 2014 as a part-time teller. In September 2014, she was promoted to full-time teller and in February 2016, she was promoted to branch operations manager. She resigned in August of that year.

In her Santander managers lawsuit, Crystal argues that she felt obligated to work an extra 10 to 12 hours per week due to short staffing and a ban on overtime. She allegedly requested that management hire more employees because she was understaffed and was told that other branches were understaffed as well.

Crystal allegedly complained to the branch manager and the regional operations manager and they did not take action.

“Instead of enforcing Santander’s written policies mandating compliance with FLSA and the NJWHL, Santander management instead knowingly and willfully encouraged its employees not to record and submit accurate timecards reflecting true and accurate hours worked,” the Santander managers lawsuit states.

Allegedly, the company had policies that penalized and reduced branch operation manager compensation if they were to work and report overtime hours. Crystal alleges she was told that if her bank were to have a negative “scorecard”, it would affect her incentive pay and bonuses.

The Santander Managers Lawsuit is Case No. 3:17-cv-05775, in the U.S. District Court for the District of New Jersey.

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