What is this litigation about about?

UPDATE: On January 27, 2012, the Seventh Circuit Court of Appeals affirmed the Illinois federal court’s October 8, 2010 decision granting class certification to assistant branch managers and tellers and bankers’ overtime claims under the Illinois wage and hour laws for employees working in Illinois. This order occurred in the Ross v. RBS Citizens case where the parties are bringing claims against Defendants’ Charter One branches. This order will permit us to proceed litigating the Illinois class members’ claims under Illinois laws. The Illinois class consists of all ABMs and hourly employees working at Defendants’ Illinois Charter One branches from October 23, 2006 to the present. Also, regarding the same claims being brought against Defendants’ Citizen Bank branches, we believe this order will have an impact on the pending motions for class certification under Massachusetts, New York, and Pennsylvania state law claims.

Our office along with The Winebrake Law Firm, LLC (www.winebrakelaw.com) has filed a series of class action lawsuits against Citizens Financial Group, Inc. and RBS Citizens, N.A. on behalf of employees working at their “Citizens Bank” branches. These class action lawsuits apply to the bank branch hourly employees and also the Assistant Branch Managers (“ABMs”). For information regarding the various lawsuits, and what employees are covered, please see below.

All Hourly Employees:

Martin, et al. v. Citizens Financial Group, Inc. (d/b/a Citizens Bank)
United States District Court for the E.D. of Pennsylvania, case no.: 10-CV-0260
Filed: January 21, 2010

On January 21, 2010, our firms filed a collective action claim against RBS Citizens, N.A. bank its parent corporation Citizens Financial Group, Inc., and Citizens Bank of Pennsylvania (doing business as “Citizens Bank”) in the U.S. Federal Court for the Eastern District of Pennsylvania. This lawsuit was filed on behalf of all tellers, and bankers, and who worked for Citizens Bank since December 14, 2007 for unpaid overtime under the Fair Labor Standards Act (FLSA). The lawsuit alleges that Citizens Bank failed to pay bank tellers and bankers for overtime worked. In particular, these employees would work more than forty hours in a work week, but instead of paying them overtime, Citizens Bank would: (i) give them time off in future weeks instead of paying overtime, (ii) tell them to not record the hours worked over forty, and/or (iii) changing (or instructing them to change) their recorded hours by reducing or eliminating any overtime hours. The lawsuit alleges that Citizens Bank would also require these employees to perform work during uncompensated breaks. On December 14, 2010, the court granted conditional class certification, and the notice of this class action was mailed to all class members. Over 900 hourly employees have consented to join this action.

For a copy of the lawsuit that has been filed: click here.

All Assistant Branch Managers:

Bell, et al. v. Citizens Financial Group, Inc, et al. (d/b/a Citizens Bank)
United States District Court for the W.D. of Pennsylvania, case no.: 10-CV-0320

On March 10, 2010, our firms filed a collective class action against RBS Citizens, N.A. and its parent corporation Citizens Financial Group, Inc. on behalf of ABMs who worked at Citizens Bank branches from March 10, 2007 to the present. This lawsuit was filed under the Fair Labor Standards Act (FLSA) and claims that defendants misclassified the ABMs and should have paid them overtime for hours worked in excess of forty per week. On September 2, 2010, the court granted conditional class certification, and the notice of this class action was mailed to all class members. Over 470 ABMs consented to join this action.

For a copy of the lawsuit that has been filed: click here.

New York Assistant Branch Managers:

Cuevas, et al. v. Citizens Financial Group, Inc, et al. (d/b/a Citizens Bank)
United States District Court for the E.D. of New York, case no.: 10-CV-5582

On December 2, 2010, our firms filed a class action against RBS Citizens, N.A. and its parent corporation Citizens Financial Group, Inc. on behalf of all New York ABMs who worked at Citizens Bank branches from December 2, 2004 to the present. This lawsuit was filed under the New York Labor Laws (NYLL) and claims that defendants misclassified the New York ABMs and should have paid them overtime for hours worked in excess of forty per week. As of October 28, 2011, all the class certification legal briefing has been filed with the Court. If this class action is certified by the court, all ABMs working from December 2, 2004 to the present will automatically become class members unless they affirmatively opt out of the case.

For a copy of the lawsuit that has been filed: click here.

Massachusetts Assistant Branch Managers:

Lyons, et al. v. Citizens Financial Group, Inc, et al. (d/b/a Citizens Bank)
United States District Court for the district of Massachusetts, case no.: 11-cv-11187

On January 5, 2011, our firms filed a class action against RBS Citizens, N.A. and its parent corporation Citizens Financial Group, Inc. on behalf of Massachusetts ABMs who worked at Citizens Bank branches from March 10, 2008 to the present. This lawsuit was filed under Massachusetts labor law and claims that defendants misclassified the Massachusetts ABMs and should have paid them overtime for hours worked in excess of forty per week. The Plaintiff has asked the court to officially certify this class action. If this class action is certified by the court, all ABMs who are identified as class members will automatically become class members unless they affirmatively opt out of the case.

For a copy of the lawsuit that has been filed: click here.

Pennsylvania Assistant Branch Managers:

Watson, et al. v. Citizens Bank of Pennsylvania (d/b/a Citizens Bank)
Court of Common Pleas for Philadelphia County, docket no.: 002902

On October 21, 2011, our firms filed a class action against RBS Citizens, N.A. and its parent corporation Citizens Financial Group, Inc. on behalf of Pennsylvania ABMs who worked at Citizens Bank branches from April 29, 2007 to the present. This lawsuit was filed under Pennsylvania labor law and claims that defendants misclassified the Pennsylvania ABMs and should have paid them overtime for hours worked in excess of forty per week. The Plaintiff will be asking the court to officially certify this class action. If this class action is certified by the court, all ABMs who are identified as class members will automatically become class members unless they affirmatively opt out of the case.

For a copy of the lawsuit that has been filed: click here.