March 05--Amber Schultz and Erik Ortega filed suit in federal court in Chicago on Tuesday claiming that TCF National Bank avoided paying overtime in violation of the Fair Labor Standards Act.
Schultz and Ortega allege that as assistant branch managers, they routinely worked more than 40 hours a week but were denied overtime pay.
The lawsuit, which is seeking class action status, alleges that despite their "management" title, assistant branch managers spend the majority of their time as floaters, performing the same duties as hourly tellers and personal bankers. Thus, their primary duties do not fall under overtime exemptions of federal or state laws.
Under the Fair Labor Standards Act, employers are required to pay time-and-a-half after qualified employees have worked 40 hours in week.
TCF said in a statement it reviewed the lawsuit and denies the allegations.
"Beyond that, we cannot comment on the specifics of the case and we look forward to presenting our arguments in court," it said.
acancino@tribpub.com
