Conditional Certification of Nationwide Collective Action Granted
Terrell Marshall Law Group PLLC, in association with Outten Golden LLP and Shavitz Law Group, recently obtained conditional certification of a nationwide collective action against U.S. Bank. The plaintiff in is case was a Branch Assistant Manager for U.S. Bank who claims U.S. Bank required him to work off the clock without compensation, which violates the federal Fair Labor Standards Act (FLSA). The plaintiff filed this case on behalf of himself and other managers who were affected by this company requirement. Branch Assistant Managers from Missouri, Tennessee, and Wisconsin have already opted to join the case.
Plaintiff Claims U.S. Bank Violates Wage and Hour Laws
As nonexempt employees, Branch Assistant Managers at U.S. Bank are entitled to overtime if their work exceeds 40 hours per work week. While U.S. Bank only schedules its Branch Assistant Managers for 40 hours a week, the plaintiff alleges the company relies on them to work more than this to meet the demands of their job.
The plaintiff also alleges that while employees are working more than 40 hours per week, they have been instructed by their superiors not to record overtime. Additionally, supervisors would chastise the Branch Assistant Managers if they did record more than 40 hours. In some instances, they even directed the Branch Assistant Managers to change the hours on their time sheets.
U.S. Bank claims that it prohibits off-the-clock work, requires all employees to record all of their hours, and pays overtime when necessary. It further claims that these are simply errors in recording or a personnel issue rather than an issue with company policy.
Conditional Certification for Collective Action Granted
The Unites States District Court for the Western District of Washington granted conditional certification of the collective action. All persons in the U.S. who were Branch Assistant Managers at a U.S. Bank from April 2018-present can opt-in to this case under the Fair Labor Standards Act (FLSA). U.S. Bank has been ordered to provide contact information for all current and previous Branch Assistant Managers who may opt-in, and notices went out to those employees in mid-September, 2021.
The deadline for submitting a Consent to Join form is November 15, 2021. Employees who want to be included in the lawsuit can fill out a Consent to Join form at usbankovertimecase.com. You can also print, sign, and return the Consent to Join for via mail, email, or fax to the following address:
Kim v US Bancorp Claims Administrator
c/o Rust Consulting Inc – 7433
PO Box 4
Minneapolis, MN 55440-0054
Toll Free: (866) 591-7236
Fax: (866) 880-0190
The signed Consent to Join form must be postmarked, emailed, or faxed by November 15, 2021.