Wells Fargo Telephone Bankers Get Conditional Certification in Wage & Hour Class Action litigated by Quintilone & Associates and co-counsel
On May 6, 2021, California United States District Court Judge Jacqueline Corley granted a Motion for Conditional Certification under the Fair Labors Standards Act (“FLSA”) in favor of a nationwide collective of Wells Fargo Bank employees, who allege the company required them to perform unpaid work before and after scheduled shift times. The Fair Labor Standards Act, 29 U.S.C. § 216(b), requires employees be paid for all hours worked and prohibits off-the-clock work. The Conditional Certification Order includes, but is not limited to tasks such as booting up the computers and software, completing customer service calls, and reading company-issued e-mails while off-the-clock. The class is represented by Christina A. Humphrey Esq. of Christina Humphrey Law, L. Michelle Gessner Esq. of Gessnerlaw, PLLC, Richard E. Quintilone II Esq. of Quintilone & Associates succeeded in persuading the judge that this claim should be conditionally certified.
The Court certified a class of current and former non-exempt hourly Wells Fargo Bank Telephone Bankers who in accordance with the Plaintiffs’ claims, similarly worked before and after their shifts without receiving pay for all the time they worked. This is phase I of a two step process which also requires another certification hearing which requires more rigorous standards of proof to succeed. The case will most likely continue with cross-motions for summary judgment and will likely settle.
If you are a Wells Fargo Telephone Banker or other telephone-based hourly employee and have any questions about whether you have been paid properly for off-the clock work or meal and rest break violations in a state which requires them (California, or you believe you may have a claim against your employer for any violation of the Fair Labor Standards Act, please feel free to call us at 949.458.9675 or email Rich Quintilone II Esq at firstname.lastname@example.org, if you have any questions or go to www.quintlaw.com.