M&T BANK

Issues: Unpaid overtime

Summary:

On August 19, 2014, Fitapelli & Schaffer, LLP and Bruckner Burch PLLC filed a class action lawsuit against M&T Bank Corporation ("M&T Bank") on behalf of all Staff Specialists and Analysts. The lawsuit alleges that M&T Bank misclassified its Staff Specialists and Analysts as exempt, denying them overtime pay for all the hours they worked over 40 per workweek. Other affected employees are current and former Staff Specialists and Analysts who work or have worked for any M&T Bank within the past six years.

Staff Specialists and Analysts spend the majority of their working on in-house desktop support and performing other routine tasks, such as: ensuring that M&T Bank's e-mails and calendar items are being sent, received, duplicated on handheld devices, captured/held for e-discovery, and backed up; monitoring the desktop queue; troubleshooting problems related to e-mails and calendared items; processing legal holds and e-discovery requests related to e-mail investigations; creating mass mailing lists; and providing handheld device support. Staff Specialists and Analysts consistently worked more than 40 hours per workweek in order to complete these tasks. In order to save money on labor costs, M&T Bank misclassified Staff Specialists and Analysts and paid them a fixed weekly salary regardless of the amount of hours they worked each week. As such, Staff Specialists and Analysts should have been paid time and one-half their regular hourly wage for each hour worked over 40 per workweek. This lawsuit seeks to recover the unpaid overtime for the hours worked over 40 in the past six years.

Anyone who works or has worked in a financial institution who performs routine tasks under supervision of their managers, during the past six years, and who has worked over 40 hours per week may be entitled to overtime compensation. Please contact the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation so that we can discuss your rights under the Fair Labor Standards Act and the New York Labor Law.

Contact Fitapelli & Schaffer, LLP.

Current and former Staff Specialists and Analysts of M&T Bank, who have questions about the lawsuit should contact Fitapelli & Schaffer, LLP, (212) 300-0375. You can also view a copy of the complaint here.