TAMPA, Fla. – USF FCU has agreed to settle a class action suit regarding overtime by paying a longtime senior loan officer three years back overtime pay she claims she was illegally denied.
In a class action suit filed in federal court, Joyce Johnston, a senior loan officer at the credit union for 12 years, claimed the credit union violated the wage and hour provisions of the Fair Labor Standards Act by depriving her and other workers of overtime pay. The suit claims the credit union committed “widespread violations” of the labor law by, among other things, misclassifying employees in salaried positions as exempt from overtime pay.
Johnston says in her suit she has no supervisory duties and no authority to hire, fire or make policy and routinely works beyond her scheduled 40 hours workweek. Her suit claims the credit union intentionally and repeatedly misclassified non-exempt employees as salaried workers so as to avoid paying them overtime. “Although USF FCU refers to them as management or “senior” personnel, [Johnston] and the other affected employees do not actually manage or supervise anyone, engage in management decision-making or have subordinates,” says the suit.
Under a settlement of the case, USF FCU has agreed to pay Johnston back overtime pay for the last three years and attorneys fees.
Lawyers for the credit union did not return a phone call seeking comment.
