BUFFALO — A group of former employees for Buffalo, New York-based M&T Bank recently filed a federal overtime pay lawsuit against the company alleging they are owed overtime pay under the Fair Labor Standards Act.
The lawsuit was filed in U.S. District Court in Baltimore and seeks back pay as well as double damages and attorney’s fees.
Nine plaintiffs have joined the suit thus far, which seeks relief for both themselves and any similarly affected employees.
The group claims they were hired by M&T Bank to perform analytical work and review company compliance policies but their actual duties were data entry and clerical work.
Furthermore, the suit claims the plaintiffs routinely worked as many as 60 hours per week to meet their caseloads and were understaffed for their project. The FLSA holds non-exempt employees must be paid one and a half times their regular hourly rate for time spent working over 40 hours during a week.
In March 2013, M&T Bank hired the plaintiffs to create a compliance department for a proposed merger with Hudson City Bancorp. M&T Bank gave the plaintiffs the job title of “Enhanced Due Diligence Investigators” to satisfy compliance concerns of the Federal Reserve Bank of New York.
The plaintiffs claim they were paid a salary for their work but should be due overtime pay since their job description did not align with regulations in the FLSA.
FLSA Misclassification Lawsuit
The plaintiffs allege they were misclassified as overtime exempt employees under the FLSA and their actual job duties meant they should have been paid overtime wages.
To meet staffing needs, M&T Bank conscripted bank tellers with far less experience than the plaintiffs hired to dedicate their time to the project.
Job title misclassification is a common way employers attempt to avoid paying their employees time and a half for overtime work. Although the FLSA does allow certain employees to be classified as overtime exempt, their job duties must follow standards by the Department of Labor (DOL).
Overtime Pay Lawyers
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.