Wage and Hour and Employment Class Actions

$43,500,000 – Poole v. Merrill Lynch.

Shabel & DeNittis, P.C. was one of the Executive Committee Counsel in the action captioned Jeffrey Poole v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Case No. CV-06-1657 (“Poole”). The action was brought on behalf of Financial Advisors and Financial Advisor Trainees of Merrill Lynch. The action alleged that Merrill Lynch failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that Merrill Lynch had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

$5,000,0000 Settlement.

Shabel & DeNittis secured $5 million against a major U.S. Bank for alleged wage and hour violations and alleged illegal deductions from pay for a class of approximately 2,000 financial advisors. The U.S. Bank’s name cannot be disclosed due to a non-disparagement agreement entered into between the parties not to advertise the settlement.

$600,000 Overtime Settlement Kaufmann v. Commerce Capital

Shabel & DeNittis, P.C. was lead counsel in the action captioned Kaufmann v. Commerce Capital, Case No. CV-06-cv-04664 (RBK). The Kaufmann action, was brought on behalf of 138 Financial Advisors and Financial Advisor Trainees of Commerce Bank. The action alleged that Commerce Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that Commerce Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

$375,000 Overtime Settlement Hyman and Bernhard v. TD Bank – Case No. 08-cv-4392 (RBK)

Shabel & DeNittis, P.C. was lead counsel in the action. The action alleged that TD Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that TD Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.