Banks often employ individuals in salaried positions called Assistant Branch Managers, Customer Service Managers, or other sub-Branch Manager positions. Banks often classify these positions as “exempt” under federal overtime law and pay them fixed salary regardless of the number of hours they work each week. Accordingly, these banks do not pay these employees any overtime wages when they work more than 40 hours in a workweek, which is often in violation of federal overtime law.
Under the Fair Labor Standards Act (“FLSA”), banks may only classify an individual as “exempt” from overtime under the “executive” exemption if her or she 1) receives a salary of at least $455 per week, 2) has the primary duty of managing the branch and its employees, 3) directs the duties of 2 or more full-time employees, and 4) has the authority to hire/fire employees or make recommendations on hiring/firing that carry actual weight with the decision-maker.
Unless an individual’s position satisfies all 4 of these elements, they likely are owed overtime wages for working more than 40 hours in a workweek. Assistant Managers, Customer Service Managers, and other sub-Branch Manager positions at banks across the nation commonly do not satisfy these elements. Instead, individuals in these positions often spend the vast majority of their time performing operations duties like customer service in the teller line, performing transactions, performing opening procedures, and other duties to assist customers rather than managing employees. In these situations, those employees are performing the same duties as the employees whom they supposedly manage and, thus, likely are entitled to overtime wages. The fact that the banks may not have tracked or required employees to track their work hours is not a defense for failing to pay overtime wages.
If you worked as an Assistant Manager, Customer Service Manager, or in another sub-Branch Manager position and did not receive overtime , you may be entitled to your owed wages and additional money beyond your lost wages. If you would like a free confidential consultation, please call us at 856-685-7420 and ask for Matthew Miller, submit an email to mmiller@swartz-legal.com, or complete the form below, and we will reach out to you promptly to discuss.
If you decide during the consultation you would like to move forward, there are no upfront costs or fees. Our firm accepts these types of cases on a fully contingent basis and only will seek to recover fees and costs out of a recovery. If there is no recovery or judgment in your favor, Swartz Swidler, LLC will not seek any fee or cost from you.
Submit Your Information for a Free and Confidential Consultation. You may also call us at 856-685-7420 or email Matthew Miller, Esq. (mmiller@swartz-legal.com).