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Case Information

Zimmerman v. SunTrust Bank

This overtime pay case is brought on behalf of current and former Client Technical Support employees who were paid on a salary basis without receiving time and one half premium pay by defendant for work hours over forty in a work week. This case has now been filed as an arbitration under the American Arbitration Association. The arbitration demand is brought as a Fair Labor Standards Act (FLSA) class action on behalf of all other non-supervisory CTS employees who signed arbitration agreements as part of their severance agreement with SunTrust. SunTrust initially paid the CTS employees on a salary basis without paying overtime premium pay. In October 2006, the company recognized its violation of the law and paid employees a partial payment of the back pay owed. SunTrust paid only for 2 years backpay using the 1/2 time method and then paid only for time recorded in the Primavera System, not for all hours actually worked. After making the change in October 2006, the company began paying CTS employees using a "fluctuating work week" or 1/2 time pay methodology. The plaintiffs in this case seek full back pay for all overtime hours worked in the last 3 years using the time and one-half method, as well as an equal amount in liquidated damages. The plaintiffs expect to argue that SunTrust did not correctly meet the requirements of the "fluctuating work week" and so cannot use this "half-time" method of paying overtime. In addition to backpay and an equal amount in liquidated damages, the suit claims that SunTrust will be obligated to pay attorneys' fees and costs for the plaintiffs' counsel as well. The American Arbitration Association has not yet ruled whether the case will be allowed to proceed on a class basis. Therefore, individuals who wish to have their claims heard in the case are urged to file a Consent to Sue form to join the arbitration. Individuals who wish to join the suit because they fit the class definition should contact one of the plaintiffs' counsel concerning joining the case. The plaintiffs in this case are being represented by Dan Getman of Getman Sweeney, Alan Garber of the Garber Law Firm, P.C. in Marietta, Georgia, Ryan Barack of Kwall, Showers, Coleman & Barack, P.A. in Clearwater, Florida, and Jason L. Gunter of Jason L. Gunter P A in Fort Myers, Florida.

Status Reports

Posted on Wednesday, June 4 2008 at 10:56am
Click here to review the Demand for Arbitration in this case. (1 Demand arbitration Final.pdf 43KB) Defendant is expected to deny the claims in the case. However, in the similar case of Allen v. SunTrust Bank, the parties have fully briefed the legality of SunTrust's pay practices. It is likely that the ruling in the Allen case will determine many of the claims in this case. Other non-supervisory CTS employees who have not joined the Allen or Zimmerman case are strongly urged to file a consent to sue and join this case, since each week that passes permits SunTrust to argue that the overtime "statute of limitation" bars claims for work done 2 or 3 years previously, if the class action procedure is denied. Any CTS employees who did not join the Allen case are encouraged to contact any of the counsel handling this case to determine how they can bring their claims.

last edited on Tuesday, September 23 2008 at 4:39pm

Posted on Wednesday, June 4 2008 at 11:02am
Answers to Common Questions:

What claims are covered in this lawsuit?
The lawsuit at present only covers claims for overtime pay under the federal Fair Labor Standards Act. The specific violations claimed are that the defendant fails to pay time and one half for overtime to similarly situated employees. Also, the claimants argue that SunTrust's use of the "fluctuating work week" or half-time overtime pay method violated the law.

What damages are sought?
Under the overtime law, back pay and an equal amount of liquidated damages are claimed for each violation.

How far back can claims be made?
You are entitled to make claims for the period extending back three years. The defendant will be entitled to argue that its violations were not willful and that it claims should only be limited to a two year period. This two or three year period is called the "statute of limitation."

Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid when we win the case through a settlement or final judgment. When plaintiffs win an overtime case, the defendant must pay the plaintiffs' costs and attorneys fees.

Can I wait to file my Consent To Sue Form?
This is complicated. If the AAA certifies the case as a class action, all CTS class members are part of the case unless they specifically request to withdraw. However, if the AAA does not certify the case as a class action, you will not part of the case until your Consent to Sue Form is returned to the plaintiffs' attorneys and then filed with the AAA. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the "statute of limitation." For that reason, the lawyers recommend that individuals who wish to be part of the case should file a Consent to Sue as quickly as possible.

Can The Defendant fire me or take action against me for joining the lawsuit?
The law prohibits retaliation for joining an overtime case. If any employee suffered retaliation, The Defendant would be liable for double the injury caused to the employee. Notify us immediately if you think any retaliation occurs. Retaliation is extremely rare in overtime cases, because an employer can suffer such serious penalties.

What locations are covered by this lawsuit?
The lawsuit covers every worksite nationwide in the U.S.A.

last edited on Tuesday, September 23 2008 at 4:45pm

Posted on Wednesday, August 5 2009 at 4:19pm
The arbitrator has ruled that plaintiff Zimmerman may not use the arbitral forum because FLSA claims were not meant to be included within the arbitration clause imposed by SunTrust. Click here to review the decision of the arbitrator. (12 Executed Order - Zimmerman.pdf 409KB) Plaintiffs expect to refile the case in federal District Court promptly.

Information Request

Please send me more information about this case.

I worked for this defendant also. Tell me how I can join this case.

I understand that merely requesting this information does not create an attorney-client relationship, until and unless Getman Sweeney files my Consent to Sue form with the Court or sends me confirmation of representation.

I understand that to have Getman Sweeney bring my FLSA claims in this lawsuit, I must fill out a consent to sue form, send it to Getman Sweeney, and receive confirmation that I have been added to the case.

All inquiries for possible representation are treated as privileged information and will be used only to contact you for that purpose.

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Getman & Sweeney, PLLC
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