A New York federal judge has given preliminary approval to a $3 million settlement of a putative class suit with New York, New Jersey and Maryland subclasses that accused Capital One NA of denying assistant branch managers proper overtime. U.S. Magistrate Judge Henry Pitman’s entered the order on the class and collective action settlement in the Southern District of New York. The assistant branch managers had sued Capital One in March, claiming the bank violated the Fair Labor Standards Act (FLSA) as well as wage-and-hour laws in New York, New Jersey and Maryland by wrongly deeming them exempt from federal and state overtime requirements. A hearing has been set to make a final determination on the fairness of the settlement, fix the amount of attorneys’ fees and costs and hear any objections, according to the court’s order.
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