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Wells Fargo IT Worker Overtime Pay Class Action Lawsuit

Plaintiffs File Motion for Certification of Class Action Under California and Minnesota State Laws and ERISA 

On February 18, 2010, Plaintiffs filed their Motion for Class Certification, seeking certification of classes of technical support workers asserting claims under California and Minnesota wage and hour laws, and under the Employee Retirement Income Security Act ("ERISA"). The hearing on Plaintiffs' motion was held on April 22, 2010 at 2:00 pm. Information on the Court's decision regarding the Plaintiffs' Motion for Class Certification will be posted when it becomes available.

Plaintiffs are represented by the law firms Lieff Cabraser Heimann & Bernstein, LLP (firm resume) and Haber Polk Kabat, LLP (firm resume).

Background: Plaintiffs Seek to Recover Overtime Pay for Technical Support Workers

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

Plaintiffs brought the case on behalf of themselves and all current and former technical support workers within and outside the Wells Fargo Technology Infrastructure Group (TIG) (now called TOG, for Technology & Operations Group) with the primary duties of installing, maintaining, and/or supporting computer software and/or hardware. 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.

To read a copy of the Second Amended Complaint describing Plaintiffs' allegations, please click here.

On October 26, 2009, Judge Claudia Wilken of the United States District Court for the Northern District of California granted Plaintiffs' Motion for Conditional Class Certification under the FLSA. The conditionally certified class includes all current and former Wells Fargo employees employed:

• at any time between September 3, 2006 and October 26, 2009 as a Network Engineer (all levels), or
• at any time between October 14, 2006 and October 26, 2009 as an:
  • Applications Systems Engineer (level 3)
  • Computer Operations Analyst (levels 3 or 4)
  • Database Analyst (levels 2 or 3)
  • Information Security Analyst (all levels)
  • Network Analyst (level 2)
  • Operating Systems Analyst (level 2)
  • Operating Systems Engineer (all levels)
  • Systems QA Analyst (levels 2 or 3)
  • Systems Support Analyst (all levels)
  • Technical Service Specialist (all levels)
  • Web Engineer (all levels)
  • Web Support Engineer (all levels) or
  • Web Systems Engineer (all levels)
    

Please note that under the FLSA, prospective class members must submit a Consent to Join form by the Court-mandated deadline in order to be considered a member of the class. The deadline for Consent to Join forms was February 1, 2010. We are no longer able to accept Consent to Join forms in this case.

Contact Lieff Cabraser

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.

We Have Recovered Over $100 Million in Overtime Pay for Tech Workers in Other Cases

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.

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.

Notice

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

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