A proposed class and collective action lawsuit filed in the state of Washington claims that U.S. Bancorp and subsidiary U.S. Bank National Association failed to pay branch assistant managers for all hours worked.
According to the case, the defendants reclassified assistant managers (including customer service managers and sales and service managers) as non-exempt under the Fair Labor Standards Act (FLSA) in 2016, which made the employees eligible to receive time-and-a-half overtime pay. Despite the reclassification, U.S. Bank failed to pay the workers FLSA-mandated overtime and Washington state’s minimum wage for all applicable hours worked, the complaint argues.
The suit claims U.S. Bank required branch assistant managers to perform off-the-clock work during unpaid lunch breaks, before and after shifts, and during days off, but failed to compensate the workers for this time. Off-the-clock work performed by managers allegedly included, among other duties:
Participating in conference calls;
Opening and closing the branch;
Accepting deliveries; and
Helping customers who arrived just before closing.
The case claims U.S. Bank should have known how much time its employees were working yet “intentionally, willfully, and repeatedly” refused to pay them in accordance with the FLSA.
The lawsuit seeks to repay unpaid minimum and overtime wages to all branch assistant managers who worked for the defendants after December 11, 2016.