Case Update – Settlement
A motion has been filed in the New York court handling this case seeking approval of a $2.49 million settlement on behalf of the IT workers covered by the claims asserted under the Fair Labor Standards Act (“FLSA”) and New York Labor Law in this case.
A class action overtime lawsuit has been filed against M&T Bank by a former Analyst and Staff Specialist in New York. The case seeks to recover unpaid overtime wages on behalf of all current and former Analyst and Staff Specialist who: 1) were paid a set weekly salary and no overtime 2) worked over 40 hours per workweek and 3) were employed within the last 6 years.
On August 19, 2015, the court entered an order granting the Plaintiff’s Motion to Certify Class. Notice will be sent out to those individuals who were employed by M&T Bank in the Technology Infrastructure Department as Network Computing Analysts I, Network Computing Analysts II, Senior Network Computing Analysts, Staff Specialists, and/or Senior Staff Specialists between June 4, 2012 and the present.
The case focuses on the job duties performed by those employed as Analyst and Staff Specialist, which mainly consisted of various types of in-house desktop IT support services, including: ensuring the proper operation of and troubleshooting problems related to email and calendar software, monitoring the desktop queue, processing legal holds and e-discovery requests relating to email, creating mailing lists and providing support for handheld devices. Such duties did not include management, high-level decision making or writing code, programming or other duties required to qualify for exemption from the overtime laws as a computer professional.
In order to properly classify workers as “salaried exempt”, meaning they are not entitled to time and a-half overtime pay for hours worked over 40 per week, an employer must be able to meet both a minimum weekly salary test and a job duties test. In this case, the workers assert that M&T Bank failed with respect to the job duties test and violated both the federal Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). As a result, M&T is liable to its workers for payment of back overtime wages, costs and attorneys’ fees.
M&T Bank is the 17th largest commercial bank holding company in the U.S. and operates over 700 branches in New York, New Jersey, Pennsylvania, Maryland, Delaware, Virginia, West Virginia, and Washington, D.C.
For decades, employers in the financial service industry across the country have misclassified thousands of employees, depriving them of overtime wages to which they are entitled under the FLSA and numerous state labor laws. Over the last 10 years, as workers have become more aware of their rights, misclassified employees have stepped forward to protect their rights and have successfully recovered multi-millions of dollars in overtime pay settlements.