Current and former Wells Fargo employees who weren’t paid overtime when working outside normal banking hours to meet sales quotas.
What’s Going On?
Class action lawsuits are now being filed on behalf of these workers to help them get money back for the overtime hours they worked off the clock.
Which Employees Are We Talking About Here?
Bank tellers, lead tellers, service managers, personal bankers, premier bankers, business bankers, private bankers, branch managers, account executives, and customer support and service representatives (CSSRs).
Anything Else I Should Know?
It is believed that these workers are paid by the hour; however, even if you had one of these job titles and were paid on a salaried basis, this doesn’t mean that you are automatically exempt from overtime or a potential class action lawsuit.
If you were employed in any of the following positions at Wells Fargo during the account fraud scandal and were not paid overtime, you may have a claim for your unpaid wages:
Customer support and service representatives (CSSRs)
What’s Going On?
The bank has already been hit with a class action lawsuit on behalf of personal bankers – but it is suspected other types of employees who worked overtime during the account fraud scandal may be able to take action.
What Could I Get from a Class Action Lawsuit?
In a successful case, workers may be able to collect up to three years of unpaid wages. Further, a class action that ends in favor of employees could serve as a warning to other large banks that may not be paying their employees properly.
What If Wells Fargo Told Me I’m Exempt from Overtime?
It’s important to remember that you’re not automatically exempt (i.e., excluded) from overtime pay just because:
Your employer tells you that you are
You’re paid a salary
You have a certain job title, such as manager
While it is believed many of the positions mentioned on this page operated on an hourly pay schedule, it’s possible that salaried workers who worked more than 40 hours a week should also have been paid extra for their overtime hours.
What Are the Class Lawsuits Against Wells Fargo Saying Exactly?
The lawsuits claim that Wells Fargo knew (or had reason to know) that its employees worked after hours soliciting new business, but were not paid any extra when their hours exceeded 40 per workweek.
In fact, one suit claims that Wells Fargo would give its hourly employees, including personal bankers, “Off Site Sheets” at the end of normal bank business hours. Wells Fargo allegedly encouraged employees to take these sheets with them after work to sign up new accounts – all in an effort to meet the bank’s unreasonable sales quotas.
The suit claims that the bank also gave these workers bags to carry the “Off Site Sheets,” along with pens, paper clips and Wells Fargo brochures. The workers are said to have referred to the sheets as their “homework” and allegedly were told by management to enter no more than 40 hours per week in the bank’s “time tracker log,” regardless of the number of hours they actually worked.
According to the suit:
“By name and design, the ‘Off Site Sheets’ show that Wells Fargo management knew that Plaintiffs and the other members of the Class were working several hours each day off site and off the clock outside of the standard forty hour work week.”