Did Wells Fargo Misclassify Senior Premier Bankers and Deny Overtime Pay?
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A group of Wells Fargo employees filed a lawsuit alleging the bank misclassified Senior Premier Bankers as exempt from overtime requirements, even though their work largely involved routine customer service and sales tasks.
Case: Sabrina Perez v. Wells Fargo Bank, N.A.
Court: U.S. District Court, Central District of California
Case No.: 2:24-cv-04077
The Plaintiff: Perez v. Wells Fargo
Sabrina Perez is one of the named plaintiffs seeking to represent a broader group of Wells Fargo employees who held Senior Premier Banker-related roles. In the complaint, the plaintiffs describe the Senior Premier Banker position as focused on day-to-day branch banking work. The plaintiffs allege that, despite performing routine, sales-oriented tasks, they were classified as exempt employees and therefore did not qualify for overtime pay.
Who Are the Defendants in the Case?
The defendant in the lawsuit is Wells Fargo Bank, N.A.
Wells Fargo is a national banking institution that operates retail branches nationwide. According to the plaintiffs, Wells Fargo’s handling of staffing levels, job expectations, time demands, and classification decisions for their Senior Premier Bankers roles resulted in unpaid overtime and wage-and-hour violations.
A Brief History of the Perez v. Wells Fargo Case
The Perez v. Wells Fargo case began when five Wells Fargo employees filed suit in the U.S. District Court for the Central District of California, hoping to represent a class of Senior Premier Bankers. The lawsuit listed FLSA claims and related state-law wage-and-hour claims.
On September 4, 2025, the plaintiffs filed a motion seeking preliminary approval of a proposed settlement.
What Is the Main Question in the Case?
Did Wells Fargo improperly classify Senior Premier Bankers and related roles as exempt from overtime requirements? And if so, did the exempt classification, in combination with the working conditions described in the lawsuit, lead to unpaid overtime and related wage-and-hour violations, including meal and rest break violations, and civil penalties under PAGA?
The Allegations: Perez v. Wells Fargo
The lawsuit includes numerous allegations, including:
1. Misclassification as exempt: The plaintiffs allege that Senior Premier Bankers were classified as exempt from overtime requirements, even though their duties allegedly included routine customer service tasks, such as opening and closing accounts and selling banking products, which the plaintiffs claim do not qualify for an exemption.
2. Unpaid overtime: The plaintiffs claim that Wells Fargo allegedly understaffed branches, forcing Senior Premier Bankers to work more than 40 hours per week. Despite the long workweeks, the plaintiffs allege they did not receive overtime pay for those extra hours.
3. Related wage-and-hour violations: In addition to overtime claims, the plaintiffs allege related violations, including failures tied to meal and rest breaks.
4. PAGA penalties claim: A Senior Premier Banker also filed a claim seeking civil penalties under California’s Private Attorneys General Act (PAGA). The lawsuit describes PAGA as a mechanism that allows employees to seek penalties for certain California Labor Code violations on their own behalf, on behalf of other employees, and on behalf of the State of California.
As with any civil case, these are allegations. The court has to evaluate the claims through motion practice, evidence, and applicable legal standards, or through the settlement approval process if the case resolves before trial.
Why Misclassification Cases Can Become High-Stakes Wage-and-Hour Disputes
Overtime exemptions are not based solely on job titles. In many misclassification lawsuits, the key issue becomes what employees actually did in practice during the workday. When an employer classifies a role as exempt, employees generally do not receive overtime even if they regularly work more than 40 hours per week. If a court later determines that the role did not meet the legal tests for exemption, the alleged unpaid overtime can become the central damage claim.
Misclassification cases often involve additional allegations, particularly when plaintiffs assert that the same policies and staffing decisions that led to an unhealthy workload also resulted in meal and rest break violations.
Proposed $48.5 Million Settlement to Resolve Claims
Wells Fargo agreed to resolve the claims with a $48,500,000 settlement. The plaintiffs requested preliminary approval in September 2025. If approved, the settlement would cover payments to approximately 4,230 class members (as well as covering attorneys’ fees, costs, etc.)
The settlement is described as covering certain job titles, including Premier Bankers, Premier Bankers 2, and/or Senior Branch Premier Bankers, who were employed at Wells Fargo during specified time periods.
If preliminary approval is granted, eligible participants would typically receive notice (often by mail and email) explaining what the settlement covers, how payments are calculated, and the options available.
FAQ: Perez v. Wells Fargo
Q: What does it mean to be “misclassified as exempt”?
A: It generally means an employer treated a role as exempt from overtime requirements, even though the employee alleges their pay structure and job duties did not meet the legal standards for an exemption.
Q: What job duties do the plaintiffs say Senior Premier Bankers performed?
A: The lawsuit alleges their work included routine customer service tasks, such as opening and closing accounts, and selling banking products.
Q: Why does understaffing matter in an overtime lawsuit?
A: The plaintiffs allege that understaffing contributed to longer workweeks, which can be important to claims that employees regularly worked more than 40 hours and should have received overtime pay.
Q: What is PAGA, and why is it included here?
A: PAGA refers to California’s Private Attorneys General Act, which the lawsuit describes as allowing employees to pursue civil penalties for certain Labor Code violations on behalf of themselves, other employees, and the State of California.
Q: Does a proposed settlement mean Wells Fargo admitted wrongdoing?
A: Not necessarily. Settlements can resolve claims without an admission of liability, and courts still review proposed class settlements through preliminary and final approval processes.
Q: How will workers know if they’re included in the settlement?
A: If the court grants preliminary approval, eligible participants typically receive notice (often by mail and email) with information about eligibility, estimated payments, deadlines, and options.
If you believe you were misclassified as exempt, worked more than 40 hours without overtime pay, or were denied legally required meal and rest breaks, the employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Contact one of our offices in Los Angeles, San Diego, San Francisco, Sacramento, Riverside, or Chicago today to learn how to hold your employer accountable.
