Wells Fargo Business Sales Consultants: Denied Overtime?
Last Updated on June 26, 2017
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At A Glance
- This Alert Affects
- Wells Fargo business sales consultants who were denied overtime pay after working more than 40 hours a week.
- Damages
- Wells Fargo business sales consultants who were wrongfully denied overtime wages may be able to recover two to three years of unpaid overtime, as well as an equal amount in liquidated damages. Attorneys' fees and costs are also available.
- Company(ies)
- Wells Fargo
- Additional Details
- Employees who elect to file unpaid overtime claims are prohibited from being demoted, fired or otherwise retaliated against by their employer.
- Date
- In February 2011, it was reported that Wells Fargo faced a class action lawsuit claiming that it misclassified its business sales consultants as ineligible for overtime pay.
If you worked as a Wells Fargo business sales consultant and did not receive overtime pay, you may have legal recourse to seek up to three years of back wages. It is believed that the bank may have improperly classified these employees as “exempt” or ineligible for overtime pay. As a result, Wells Fargo business sales consultants who were denied overtime pay after working 40 hours a week may be able to make a claim to recover twice the amount of these unpaid overtime wages.
Wells Fargo Overtime Lawsuit 2011
The bank misclassified them as "commissioned sales people" who are unable to collect overtime wages.
In February 2011, it was reported that the bank faced a class action lawsuit filed on behalf of California business sales consultants who were denied overtime pay. According to the Wells Fargo overtime lawsuit, the bank misclassified them as "commissioned sales people" who are unable to collect overtime wages. However, the suit claims, they should not be categorized as such, because they do not make sales commissions, but rather a salary plus an incentive bonus which is less than 50% of their total pay week to week. Essentially, the Wells Fargo overtime lawsuit claims that the business sales consultants are entitled to overtime pay because they do not meet the inside sales exemption, which would disqualify them from time-and-a-half pay, as half of their total earnings are not made through commission. Furthermore, they should not be considered ineligible for overtime pay under the "outside salespeople" exemption because they must initiate phone and website sales calls at the company's banking locations, according to the Wells Fargo overtime case.
Unpaid Overtime Claims
When an employee is misclassified as ineligible for overtime pay, they may be able to make a claim for monetary damages. Potentially, Wells Fargo business sales consultants who were denied overtime pay may be able to seek up to two years of unpaid overtime, or three years in cases of willful violations. They may also be entitled to an equal amount in liquidated damages, which would double the amount of back pay recovered.
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