This class action is another alleging the misclassification of employees as exempt from overtime pay combined with allegedly excessive expectations of quotas to be met during working hours. The complaint alleges that JPMorgan Chase Bank, NA violates the federal Fair Labor Standards Act (FLSA).
The FLSA Collective Class for this action is all persons currently or formerly employed by JPMorgan Chase Bank as investigators or investigation specialists or with similar job titles in its Fraud Compliance Operations and Investigations (FCOI) Division, at any time between June 25, 2016 and the entry of judgement in this action.
Plaintiff Dusty Leitzke works for the bank as an FCOI Investigator. Originally, she worked in this role in the bank’s Tempe, Arizona Office. There she was classified as a non-exempt employee entitled to extra pay for overtime hours. However, when she moved to the bank’s Tampa, Florida office to work in the same role, she was classified as exempt; she was paid a salary and not considered to be entitled to overtime pay.
The complaint claims that the bank expects investigators “to be available to meet production quotas which required working in the evenings and on weekends.” Also, the bank expects them to “timely work cases in the que[ue] to complete their quotas.” However, they don’t pay investigators extra for the evening and weekend work required to meet these quotas.
Earlier on, Leitzke worked fifty-five to sixty hours per week, racking up fifteen to twenty hours of overtime each week. She was not paid anything additional for the overtime hours. These days, she does less, working about forty-five hours per week, usually from 6:00 am until 3:00 pm without rest breaks or meal periods.
The complaint alleges that investigators should not be classified as exempt because they have the “primary duty of applying [Chase’s] mandatory guidelines, policies, and procedures via computer data entry to verify the accuracy of customer or prospective customer submissions.
These duties, the complaint alleges, do not meet the federal guidelines for jobs that may be considered exempt. For example, they do not make sales at customers’ homes or places of business; they do not supervise the work of two or more other employees; and they do not “exercise discretion and independent judgment as to matters of significance.”
The complaint says that in so doing, Chase did not keep accurate records of their hours worked, pay them for all hours worked, or give them overtime pay for hours over forty per week.