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Wells Fargo IT Worker Overtime Pay Class Action Lawsuit

Introduction

On May 28, 2008, information technology (IT) support workers of Wells Fargo & Co. filed a class action seeking overtime pay in accordance with the Fair Labor Standards Act and California wage and hour laws. This class action lawsuit, Lewis v. Wells Fargo & Co., was filed in federal court in San Francisco.

The Plaintiffs bring this action on behalf of themselves and all current and former technical support workers within and outside the Wells Fargo Technology Infrastructure Group (TIG) with the primary duties of installing, maintaining, and/or supporting computer software and/or hardware, including but not limited to Network Engineers, but excluding PC/LAN Engineers, from 2004 to the present, depending on the state in which the employee works or worked. The Plaintiffs allege that Wells Fargo’s decision to classify them as exempt and not pay them for all hours worked violates federal and state law.

Other potential positions that might be included in the class action include the following (the parties are discussing the scope of the case):

• Application Systems Engineers
• E-Systems Consultants
• Information Security Analysts
• Operations Systems Engineers
• Systems Support Analysts
• Technical Services Specialists
• Web Systems Engineers
• other employees with job codes 3060xx or 7060xx
  
• other technical support workers

The proposed class likely includes at least several hundred members. Damages for the class could equal millions or tens of millions of dollars.

In recent years, our firm (Lieff Cabraser Heimann & Bernstein, LLP), 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 (pending final approval by the court).

If you believe you may be covered by this lawsuit, or have information you would like to share, please contact us by clicking here or by calling us at 800-541-7358 or 415-956-1000.

About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP, is a 50-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.

Notice

This website is sponsored by Lieff Cabraser Heimann & Bernstein, LLP, a national plaintiffs' law firm.

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