Employment Law

Wells Fargo Overtime Pay

Result: $12.8 million settlement in overtime pay class action
Year: 2007

Gerlach v. Wells Fargo & Co.

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.