Heather Koenig, et al. v. Wells Fargo, N.A.

United States District Court of the District of New Jersey
Docket No: 15-6472

Counsel: Justin Swidler, Matthew Miller

On August 8, 2015, Heather Koenig, on behalf of herself and all other Wells Fargo hourly branch employees, filed a putative collective and class action lawsuit in the United States District Court in New Jersey, alleging that Wells Fargo violated the Fair Labor Standards Act (“FLSA”) and state wage and hour laws by failing to pay her and other employees overtime compensation for time spent engaging in pre-shift and post-shift security procedures.

Specifically, she asserts that Wells Fargo required employees to arrive to work prior to their scheduled shift time to perform mandatory branch-opening security procedures. She asserts that she and others were required to perform such activities off-the-clock and were thus not paid for same.

If you have worked for Wells Fargo as a non-exempt hourly branch employee during the last three years and were required to perform off-the-clock security procedures, you may be eligible to join the FLSA lawsuit. Please call one of our employment attorneys today for more information. The Court has not yet made any determinations regarding the merits of the case or whether the case will be certified as a collective action. However, the statute of limitations (i.e. the amount of time that may pass prior to you being unable to sue Wells Fargo because too much time has passed) will continue to run until you file a Consent Form with the Court. Hence if you have worked for Wells Fargo in the last three years and wish to protect your rights pending the Court’s decision on certification, you should contact Mr. Miller or Mr. Swidler to determine if you are eligible to join the case. They can be reached at 856-685-7420. There is no charge for the consultation.

Swartz Swidler, LLC has taken this case on a contingency fee. They may be entitled to receive attorneys’ fees and costs from Wells Fargo should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, Swartz Swidler, LLC will receive a part of any settlement obtained or money judgment entered in favor of all members of the class or their fees will be paid separately by Wells Fargo. If there is no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any attorney’s fees or costs from any of the Plaintiffs.

The Complaint