United States District Court for the Western District of Pennsylvania
Counsel: Justin Swidler, Richard Swartz, Robert Soloff (of Robert D. Soloff, P.A. in Plantation, Florida), Marc Silverman (of Frank Weinberg & Black, P.L. in Plantation, Florida)
On August 7, 2015, Lemuel Bland and 3 other mortgage loan officers of PNC Bank filed a federal lawsuit in the United States District Court for the Western District of Pennsylvania asserting that PNC violated the Fair Labor Standards Act (“FLSA”), the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law. The Complaint was amended several times, most recently in October of 2016, and asserts violations of the FLSA and laws of more than a dozen states, as well as breach of contract and unjust enrichment. The Third Amended Complaint was brought on behalf of all MLOs who worked for PNC during the applicable time period, and is brought by 21 representative plaintiffs.
After substantial discovery and motion practice, on January 5, 2017, the Court preliminarily approved a proposed class action settlement in this action, which, inter alia, creates a settlement fund of $16 million to be distributed to class members. A Final Approval Hearing is set for April 6, 2017. Documents relating to the proposed settlement can be found below. We expect settlement checks to be mailed over the summer.