SAN FRANCISCO – A group of assistant branch managers at Patelco CU has filed a civil suit claiming the credit union has misclassified them as exempt employees, enabling Patelco to avoid paying them for overtime and missed meals and rest breaks.

According to the suit, first filed in state court then transferred to federal court last week, the assistant branch managers routinely worked long hours without receiving any overtime pay. The suit also alleges the assistant managers were never compensated for missed meal and rest breaks.

The assistant branch managers, according to the suit, were characterized as exempt from overtime, even though they spent the majority of their work on non-supervisory duties, including day-to-day member service, opening new accounts and opening new auto loans. The lead plaintiff in the suit, Yuliya Clarke, a former assistant branch manager, claims that under California labor law this would place them outside the overtime pay exemptions for “executive” and “administrative” employees.

The employees also claim they were deprived of itemized wage statements as required under California law and that the credit union is liable for monetary penalties as a result.

A lawyer for the credit union said he was not authorized to comment on the case. A Patelco spokesman said the credit union had no comment at this time.

 

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