In what is a growing trend, another bank has been sued for overtime by its Mortgage Loan Underwriters. Nneka George and Brian Conzelman have sued TD Bank, N.A. and three other affiliates for unpaid overtime. They are claiming, consistent with the Second Circuit’s ruling in Davis v. JP Morgan, that they were production workers not administrators. Generally, if you are performing work that relates to the general business operations of a company, you can be classified as exempt. In this Circuit, employees whose work relates to the product or service that the company produces, they are not considered exempt.
The case is currently pending in front of Judge Alfred Covello of the United States Court for the District of Connecticut.
The plaintiffs claim to represent a class consisting of all similar positions at TD Bank locations around the country. They claim that TD Bank not only violated federal law but also the wage laws of the various states, including Connecticut and Pennsylvania where they worked.
The plaintiffs are being represented by the law firm of Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti, P.C. from New Haven, CT. They are also being represented by Thomas & Solomon, LLP from Rochester, NY.
If they are successful, other mortgage loan underwriters will be permitted to join that suit. We wish them all luck.