If you are an assistant branch manager at Comerica, you may be entitled to overtime pay. Even if you are not receiving overtime pay right now, you may still be eligible for double pay. In addition to this, under federal law, Comerica must compel arbitration or pay you for two or three years that you were not paid for. You can also file a lawsuit against Comerica if you think that you have been misclassified by Comerica.
Misclassified assistant branch managers may be entitled to overtime pay
If you are a Comerica assistant branch manager, you may be entitled to double your regular pay because you have been misclassified. This entitlement may be dated back two or three years. And, you’re protected from retaliation by federal law. In addition to overtime pay, you can also recover liquidated damages, which can be as high as $3500. But be aware: you have only a limited amount of time to file your claim.
Many assistant managers are incorrectly classified as exempt. However, they are still entitled to overtime pay for hours worked over 40 hours each week. Many companies use this tactic to avoid paying their employees overtime wages. But, if you’ve been misclassified, you can recover unpaid overtime pay. To begin your claim, you’ll need the help of an overtime attorney. There are several common mistakes employers make when it comes to misclassifying workers.
An example of a case in which an employee was misclassified as exempt is the case of JPMorgan Chase, where roughly 2,000 assistant branch managers sued the company after being misclassified. The assistant branch managers alleged that they were owed overtime pay despite being exempt under the Fair Labor Standards Act. In this case, the bank agreed to pay them $40,000 to settle the lawsuit, which highlighted the importance of proper classification of assistant branch managers.
Criteria for exempting assistant branch managers from overtime pay
Recently, JPMorgan Chase settled a lawsuit in which roughly 2,000 assistant bank branch managers claimed that the company wrongly classified them as exempt from overtime pay protections. The case required Chase to pay them an $8.3 million settlement. This case highlights the importance of proper assistant branch manager classification. Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive 1.5 times their regular hourly rate as overtime pay. Failure to comply with these requirements can lead to liquidated damages and penalties for back wages.
The lawsuit alleges that the bank wrongly classified assistant branch managers as exempt from overtime pay and failed to give them required rest breaks. The settlement will cover back pay off two to three years for those who were wrongly classified as exempt. The amount of back pay depends on the number of claims. But even if the bank has settled the case, the compensation to these employees will likely be much higher.
Under the FLSA, assistant branch managers may be exempt from overtime pay if they fulfill certain requirements. These criteria are based on three types of exemptions: administrative, professional, and executive. To qualify for the executive exemption, the employee must be paid on a salary basis of at least $684 per week. Hourly employees, however, are not eligible for this exemption. For the executive exemption, the assistant branch manager must also have the power to hire and fire employees. The supervisor must also have significant authority over the department to promote the employees.
Unconstitutionality of Comerica’s failure to compel arbitration
Bouarich claims that Comerica’s failure to compel arbitration for the Assistant Branch Managers Denied Overtime lawsuit is unconstitutional because it fails to compel Bouarich to arbitrate his claims promptly. Bouarich claims that she was forced to electronically sign the arbitration agreement because she didn’t read it and didn’t fully understand it. Comerica’s defense claims that Bouarich was not required to read or understand the arbitration agreement, and she merely “signed” electronically to show she understood it.
The case also focuses on Comerica’s failure to define the parties to the arbitration agreement. During the creation of the arbitration agreement, the parties were not in doubt about each other’s authority to arbitrate their claims. As a result, Comerica was able to enforce the arbitration agreement under the doctrines of agency and equitable estoppel.
The defendants’ failure to compel arbitration in the Assistant Branch Managers Denied Overtime lawsuit was unconstitutional because the Court relied on Comerica’s argument that the overtime claim was too vague to require the arbitrator to arbitrate it. While it’s difficult to determine what constitutes an unpaid overtime claim, it’s possible to recover the full amount of unpaid overtime by filing a lawsuit.
