Plaintiffs v Wells Fargo
Wells Fargo Overtime Lawsuit: Federal Court Certifies Nationwide Class Of Wells Fargo Technical Support Workers Seeking Overtime Pay
Plaintiff lawyers at Lieff Cabraser Heimann & Bernstein, LLP, announced that current and former Wells Fargo technical support workers throughout the United States are a significant step closer to recovering pay for overtime hours they worked, after Judge Claudia Wilken of the United States District Court for the Northern District of California granted plaintiffs` motion for certification of the case as a collective action. The complaint charges that the workers should have been paid overtime for hours worked over 40 per week.
The next step in the litigation the providing of notice to class members. A one-page form, called a "consent to join form," will be sent by U.S. mail and email to the several thousand employees, within nine days of today. Each employee should protect his or her rights by returning the form to the plaintiffs` counsel. Until an individual sends in that form, his or her statute of limitations (the time period for which overtime pay can be recovered)
continues to run.
The Court-approved notice to the class can be found at http://www.lieffcabraser.com/pdf/20091027-wf-consent.pdfhttp://www.lieffcabraser.com/employment/wells-fargo.htm,
and the single-page consent to join form employees must complete and mail to protect their rights can be found at http://www.lieffcabraser.com/pdf/20091027-wf-notice.pdf.
Wells Fargo employees who wish to protect their rights must file those forms within 75 days to be able to recover under federal law, or they risk losing their opportunity to assert their federal rights in this lawsuit forever.
Current and former employees of Wells Fargo & Company, who worked as technical
support workers, with the primary duties of installing, maintaining, and/or supporting Wells Fargo`s software and/or hardware, filed the complaint in 2008. The suit, entitled Lewis v. Wells Fargo,Case No. 08-2670 CW, includes overtime claims under the Fair Labor Standards Act (FLSA) as well as the laws of California and Minnesota.
The Court`s October 26, 2009, order certified a class that includes all Network
Engineers, Operating Systems Engineers, Information Security Analysts, Technical
Service Specialists, Systems Support Analysts, Web Engineers, Web Support
Engineers, Web Systems Engineers, Operating Systems Analysts (level 2), Systems
QA Analysts (levels 2 or 3), Computer Operations Analysts (levels 3 or 4),
Database Administrators (levels 2 or 3), and Applications Systems Engineers
(level 3) who worked for Wells Fargo as exempt employees at any time during the
past three years anywhere in the United States.
An estimated 3,000 employees are eligible to participate. Wells Fargo reclassified some of these employees to hourly status and paid many of them what plaintiffs allege are incomplete back pay awards. These reclassified workers are eligible to participate even if they received such payments.
For more information about the lawsuit or to join the lawsuit, visit:
http://www.lieffcabraser.com/employment/wells-fargo.htm
or call 1-800-541-7358
Or contact plaintiffs` attorneys:
Lieff Cabraser Heimann & Bernstein, LLP
Kelly M. Dermody, 415-956-1000
Jahan C. Sagafi, 415-956-1000
