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Wells Fargo class action lawsuit overview:
- Who: Plaintiff James Schenning filed a class action lawsuit against Wells Fargo.
- Why: Schenning alleges Wells Fargo knowingly misclassified fraud investigators as exempt from overtime.
- Where: The Wells Fargo class action lawsuit was filed in Maryland federal court.
Wells Fargo Bank NA faces a class action lawsuit alleging it failed to pay overtime wages in violation of the federal Fair Labor Standards Act (FLSA).
Plaintiff James Schenning of Maryland says Wells Fargo employed him as a salaried fraud investigator who was classified as exempt from overtime.
Schenning says he and other fraud investigators regularly and customarily worked 40 to 50 hours or more per week but were not paid for the overtime hours they worked — a violation of federal and state wage and hour laws.
Wells Fargo class action lawsuit says fraud investigators misclassified as exempt from overtime
The class action lawsuit alleges fraud investigators were misclassified as exempt from overtime pay and are entitled to wages at the time-and-a-half rate for the overtime hours they worked.
Schenning alleges Wells Fargo knew fraud investigators do not perform primary job duties that make them eligible to be exempt from overtime under the FLSA classified them as exempt to avoid paying them overtime wages.
The class action lawsuit points to many examples showing that fraud investigators were not permitted to use independent judgment or discretion at determining which events should be subject to an investigation.
“Instead, [Schenning and the other fraud investigators] were required to commence and perform any investigation assigned by [Wells Fargo] as independently determined at the management level,” the Wells Fargo overtime class action lawsuit states.
Further, Wells Fargo required the fraud investigators to abide by strict protocols and follow a strictly defined script and checklist the management division established.
The plaintiff concludes Wells Fargo fraud investigators do not meet the criteria set forth by the FLSA to be classified as exempt from overtime and therefore they should be entitled to time-and-a-half wages for all hours worked over 40 hours in a workweek.
Wells Fargo is not the only bank to face allegations it fails to pay employees for all of the wages they are entitled to receive.
A consumer recently hit HSBC Bank USA with a class action lawsuit alleging it failed to compensate employees for lunch breaks they were required to work through.
What do you think about the Wells Fargo lawsuit’s allegations that the bank misclassified employees as exempt from overtime? Join the discussion in the comments.
Schenning is represented by Gregg C. Greenberg of Zipin Amster & Greenberg LLC.
The Wells Fargo overtime class action lawsuit is James Schenning, et al. v. Wells Fargo Bank NA, Case No. 1:23-cv-00197-GLR, in the U.S. District Court for the District of Maryland, Baltimore Division.
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3 thoughts onWells Fargo class action alleges company did not pay employees overtime
I was a wells employee both assistant and LO was required to work OT but was not paid for it.
The previous comment or is correct, as I was also classified exempt in my role with wells and my husband was too, causing our overtime to not be paid we also were required to use the computer systems prior to our shift starting on first shift but not allowed to clock in
Fraud investigators are not the only role classified as exempt, that based on actual responsibilities do not qualify as exempt. I routinely worked 50 or more hours per week for the past 13 years and was not paid overtime as my title was classified as exempt. I had no independent decision making authority.