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Wells Fargo Faces Lawsuit Alleging Overtime Pay Violations Amid Unionization Drive
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In a recent development, an employee of Wells Fargo & Co (WFC.N) has taken legal action against the bank, alleging that it deprived hundreds of its U.S. branch workers of overtime pay. This lawsuit comes at a crucial juncture for the bank as it grapples with an unprecedented campaign to unionize its workforce.

Overtime Pay Dispute

The class-action lawsuit, filed in the San Francisco federal court, asserts that Wells Fargo incorrectly classified “senior premier bankers” as management-level employees exempt from overtime pay under federal and state laws. These bankers, responsible for customer service, transactions, and generating referrals to financial advisers, allegedly work unpaid overtime due to chronic understaffing at Wells Fargo branches.

Allegations and Legal Action

Sabrina Perez, an employee at a Wells Fargo branch in Albuquerque, New Mexico, initiated the lawsuit. Notably, the workers at this branch recently filed a petition for a union election. Perez, a vocal advocate for unionizing, has been quoted in union press releases and news articles.


Michael Scimone, Perez’s lawyer, emphasized that Wells Fargo consistently classified workers as exempt from overtime pay despite lacking managerial roles and decision-making authority. The lawsuit seeks unspecified damages, penalties, and legal costs.

Nationwide Impact

Lawyers representing Perez suggest that the proposed class of senior premier bankers across the U.S. could include hundreds of individuals. The potential magnitude of the case adds to the legal pressure faced by Wells Fargo amid its workforce’s growing interest in unionization.

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Unionization Drive

The lawsuit coincides with a significant milestone for Wells Fargo, as workers in Albuquerque and another branch in Alaska have recently petitioned for union elections. These events mark the first-ever unionization efforts within Wells Fargo and the first for any major U.S. bank in decades. According to the U.S. Bureau of Labor Statistics, only 1% of workers in the financial industry are currently union members.

Wells Fargo’s Response

Currently, Wells Fargo has not provided an immediate response to the lawsuit. The bank has, however, emphasized its commitment to supporting employees, citing recent improvements in pay and benefits. Wells Fargo also underscores its preference for maintaining a “direct connection” with workers.

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The outcome of this lawsuit and the concurrent unionization efforts will undoubtedly have significant implications for Wells Fargo’s workforce and potentially influence labor dynamics within the broader financial industry.

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