A statewide collective action has been filed in Florida against The Wachovia Corporation and Wachovia Mortgage Corporation. The action is brought on behalf of all current and former employees, who since April 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members.

According to employees, Wachovia Mortgage has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Wachovia Mortgage frequently requires them to work well in excess of 40 hours per week. However, according to employees, the company does not compensate employees for overtime hours worked in excess of 40 per week. Under the Fair Labor Standards Act, all "non-exempt" employees are entitled to a minimum of time and a half for all hours worked in excess of 40 per week. "Non-exempt" employees are generally those that work on an hourly basis and do not have managerial or executive responsibility. The employees claim that they are "non-exempt" and therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The employees claim that because Wachovia Mortgage's labor violations were willful and intentional, employees are entitled to an equal amount of liquidated damages.