Wells Fargo Allegedly Denying Their Account Executives Overtime Pay

by Norman B. Blumenthal on September 23, 2013

The attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit on July 12th against Wells Fargo Bank for allegedly failing to pay their employees overtime pay.

According to the California Labor Code, businesses are required to pay all non-exempt employees overtime wages for time worked in excess of eight hours in a workday and forty hours in any workweek. For Wells Fargo in particular, this applies but has not been upheld for employees with the job title of “Account Executive.” The bank giant supposedly misclassified the Account Executives because they fail to meet all the criteria under any of the exemptions to overtime pay in California. Thus, it is the attorneys’ belief that these employees should be compensated for their lost wages.

Overtime payMore specifically, the Complaint states "[t]he Account Executives perform menial day-to-day sales related tasks and report to sales people to assist these sales people in selling Wells Fargo's Products."

A founding partner of Blumenthal Nordrehaug & Bhowmik said in an interview, "an example of improper classification of employees involves an person labeled as a salaried manager with few management duties." This is the most common strategy used time and time again by large companies to avoid paying employees in actual management roles for things such as overtime.

The bottom line, according to these attorneys, is that thousands of companies are trying to cut corners in this difficult economy by overloading employees with political jargon in order to confuse and cheat them out of earned wages. However, the law clearly states what defines exempt versus non-exempt employees, not company policies.

If you are a California employee and have found yourself in a similar position, where you believe your employer is not paying you sufficiently for overtime or other earned wages, contact the attorneys at Blumenthal, Nordrehaug & Bhowmik immediately. Chances are you being taken advantage of, and we can help.

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