If you are or were a mortgage consultant or originator, loan officer, or similar position for M&T Bank Corporation ("M&T Bank" or "M&T") within the past six years, you may be entitled to back wages for time you were permitted to work over 40 hours in a week.

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You may be owed this money even if you agreed to work this extra time, and even if you did not expect to get paid for it.
This is true regardless of whether your mortgage consultant or originator, loan officer, or similar position was referred to as an “exempt” position.

If you fit the criteria to join this lawsuit, then you may be entitled to overtime payments through a class action lawsuit that has been commenced against M&T Bank.

Current and former employees have sued M&T Bank claiming that M&T Bank misclassified mortgage consultants or originators, loan officers, and similar positions as exempt employees, and failed to pay overtime to these and similar positions. To view the most recent Complaint that was filed with the Court, click here.

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If you decide to participate in the lawsuit:

If you decide to participate in the lawsuit please complete both the Information Sheet and Consent Form and return them to our office. If you choose to participate in our class action lawsuit, then you must preserve all documents and electronic files related to your employment that are in your possession or control. To participate in the lawsuit, you must complete the Consent Form, which must be filed with the Court.

Though the lawsuit has been filed, there has been no determination whether M&T Bank has done anything wrong. There is no money available now and no guarantee there will be in the future. However, your legal rights may be affected by the lawsuit if you:

  1. are or were employed by M&T Bank as a mortgage consultant or originator, loan officer, or similar position at some point during the past six years;*
  2. were permitted by M&T Bank to work for more than 40 hours in a week for at least one week; and
  3. were not paid time-and-one-half for hours you worked over 40 in at least one week.

* The number of years that an individual’s claims will cover varies depending on the state in which the individual was employed by M&T. The six year example is based upon the New York State statute of limitations for the potential claims against M&T. Other state statutes of limitations vary and may be shorter than the six years allowed in New York State. Potential claims under federal law may go back as far as three years.

If you meet these criteria, you have a choice to make now concerning your Legal Rights and Options in the lawsuit:

ASK TO BE INCLUDED

Ask to join the lawsuit. Await the outcome. Give up your right to sue individually.

By asking to join the lawsuit, you keep the possibility of receiving money or benefits that may come from a trial or a settlement in this case. But, you give up any right to sue M&T Bank individually for the same legal claims asserted in this lawsuit.
DO NOTHING

Do nothing. Receive no benefits from this lawsuit. Keep and maintain your right to sue individually, until your personal claims are time-barred due to a statute of limitation.

If you do not join the lawsuit, then you won’t share in any award of money or benefits that may be awarded by the Court in this lawsuit. But you keep any rights that you have individually to sue M&T Bank by yourself about the same legal claims in this lawsuit

Additional information:

If you have additional questions, please see our Frequently Asked Questions page.

If you would like to speak to an attorney confidentially about your possible claims against M&T Bank at no charge, then please feel free to contact us.

If you want to learn more about the law firms representing employees in the lawsuit please click here.