Nationwide Class Action Against Wells Fargo Settled for $12.8 Million

On January 19, 2007, Judge Claudia Wilken of the U.S. District Court for the Northern District of California in Oakland, California granted final approval to a class action settlement between Wells Fargo and a class of approximately 4,500 Business Systems Consultants and e-BSCs. Wells Fargo agreed to pay $12.8 million to settle class members’ claims for overtime pay. The case is titled Gerlach v. Wells Fargo & Co., No. 05-CV-00585-CW.

Settlement checks were sent to the class members in 2007, with the parties proposing that residual payments be paid to class members in 2008 as well.

The class action alleged violations of the Fair Labor Standards Act ("FLSA"), California's Unfair Competition Law and wage and hour laws, and the Employee Retirement Income Security Act ("ERISA"). Defendants denied any liability.

The class members were represented by Lieff Cabraser Heimann & Bernstein, LLP, along with Lewis, Feinberg, Renaker & Jackson, PC, and Rudy, Exelrod & Zieff, LLP.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a 60-plus attorney law firm with offices in San Francisco, New York and Nashville. Our firm is committed to protecting the rights of employees nationwide to equitable treatment and fair wages. Lieff Cabraser employment attorneys have represented thousands of employees seeking to vindicate their rights in cases involving gender and race discrimination, overtime pay and wage and hour violations, and the mishandling of funds in pension and 401k plans.

Lieff Cabraser has obtained lost wages and benefits for employees in overtime pay lawsuits, including under the Federal Fair Labor Standards Act and state wage and hour laws. In recent years, our firm, along with co-counsel, has represented technical support workers seeking to recover overtime pay in similar class action cases. Such cases have resulted in settlements for the technical support workers, including: $24 million for IT workers at Computer Sciences Corporation (CSC) in 2005, $12.8 million for BSCs at Wells Fargo in 2007, $65 million for IT workers at IBM in 2007, and $7.7 million for IT workers at Cadence in 2008. Our firm also represents IT support workers in an overtime class action against JP Morgan Chase.

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