JPMorgan Chase & Co. and JPMorgan Chase Bank, National Association (Hourly-Paid Employees)
Defendants JPMorgan Chase & Co. and JPMorgan Chase Bank, National Association operate banking facilities throughout the United States.
Position(s): Hourly-Paid Employees.
Location(s): Anywhere in the United States.
Time Period: September 2019 through the present.
The Claims in the Lawsuit
Violations of the Fair Labor Standards Act (“FLSA”)
The Complaint alleges JPMorgan Chase & Co. and JPMorgan Chase Bank, National Association maintained an unlawful policy of excluding non-discretionary, performance-based bonuses (e.g. 5 Key Reward Bonuses) from the customer service employees’ “regular rates of pay” for purposes of calculating their overtime rates of pay, and as a result, failing to pay hourly-paid, non-exempt customer service employees for all hours worked in excess of forty (40) in a workweek at a rate of not less than one and one-half (1.5) times the regular rate of pay, in violation of the FLSA.
Violations of the Ohio Minimum Fair Wage Standards Act (the “Ohio Wage Act”) and the Ohio Prompt Pay Act (“OPPA”)
The Complaint alleges JPMorgan Chase & Co. and JPMorgan Chase Bank, National Association maintained an unlawful common policy of paying overtime for forty (40) hours in a workweek at rates that Defendants calculated without including the non-discretionary, performance-based bonuses (e.g. 5 Key Reward Bonuses) the employees received, and which were thus lower than the overtime rates the workers were entitled to receive. As a result, customer service employees’ have not received their duly owed overtime compensation at the statutorily mandated Ohio overtime wage rate within thirty (30) days of performing the work.
September 29, 2022: The case was filed in the United States District Court for the Southern District of New York. The case has been assigned to the Honorable Valerie E. Caproni.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Barkan Meizlish DeRose Cox, LLP, Brown, LLC, and Brian G. Miller Co., L.P.A. with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.