CHICAGO — TCF Financial Corp. is being accused of misclassifying its assistant bank managers as exempt from overtime wages. In the recent potential class action overtime pay lawsuit, the assistant bank managers allege the misclassification was intentional and the company wanted to avoid paying for the overtime they knew the assistant managers would be working. In addition to the alleged violations of the Fair Labor Standards Act (FLSA), the assistant managers claim the company forced them to sign arbitration agreements which limit their legal rights.
Assistant Manager Claim
The assistant bank managers filed their lawsuit in Illinois federal court recently. Erik Ortega and Amber Schultz, the two named plaintiffs, claim they and other similarly situated assistant bank managers were classified as exempt from overtime. Allegedly, the assistant bank managers would regularly work 45-50 hours each week without receiving overtime pay. But, they claim, their job duties and responsibilities allegedly do not meet the requirements for the overtime exemption under the FLSA. They claim that while they do have some managerial responsibilities, the majority of their responsibilities are more similar to that of hourly, non-exempt employees. The requirement under the FLSA’s “executive” exemption is that the employee’s primary duty must be managing a department or business. Because their primary duties and responsibilities are not managerial the assistant bank managers believe they should have been classified as non-exempt and entitled to overtime pay.
The Claim’s Hurdle
The assistant bank managers have an additional hurdle with their lawsuit beyond proving they were intentionally misclassified. TCF required its employees to sign an arbitration agreement which requires them to attempt to resolve any disputes with the company through alternative dispute resolution methods, instead of through the court. The agreement also prohibits the employees for filing any collective or class action in court or in the dispute resolution process. The assistant managers claim the arbitration violates their rights and is not enforceable. The courts often uphold and enforce arbitration agreements; however the circumstances that led to the assistant managers signing the agreement will likely be crucial to determining if the agreement will be enforced and if the lawsuit will continue.
If you are an assistant bank manager and your employer has classified you as exempt from overtime, you may have an overtime wage claim. However, there are many factors you need consideration, including your job duties and whether you signed an arbitration agreement. Our overtime pay lawyers can evaluate your case and explain your rights. Time is limited for filing wage and overtime complaints so it is important to call today! Our knowledgeable team of overtime pay lawyers can be reached at (855) 754-2795. Or you may complete our Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.