Class Action Lawsuit Against Union Bank, N,A. for Misclassifying Asset Review Analysts to Avoid Overtime Pay – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on January 9, 2013

  The Los Angeles Employment Attorneys at Blumenthal, Nordrehaug & Bhowmik have filed a class action lawsuit against Union Bank, N.A.   The Complaint alleges that Union Bank misclassified their Asset Review Analysts as salaried exempt employees to avoid paying the analysts for hours worked in excess of 8 hours in a workday and more than 40 hours in a workweek.  Fay, et al. v. Union Bank, N.A.

The case is currently pending in the Orange County Superior Court for the State of California.

According to the overtime class action Complaint, the Asset Review Analysts are nonexempt, not exempt, employees because they primarily performed such tasks as inputting financial data into spreadsheets and producing loan status reports for upper management at Union Bank.  The tasks were performed at the direction of and under the supervision of the bank’s upper management.  Because of the misclassification, Union Bank systematically underpaid overtime compensation to these employees.

Under the Fair Labor Standards Act (FLSA) and California labor law, employees who primarily perform work that is more clerical than administrative are not exempt from overtime pay even if the employee is paid a salary, and not an hourly, wage.

Last year, UnionBanCal Corp. agreed to pay $3.5 million to 136 relationship managers and trust administrators to settle an overtime lawsuit that alleged the company violated federal and state laws by incorrectly classifying these workers.

If you work for Union Bank or another company and have been misclassified for overtime pay, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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