Capital One Must Face Overtime, Misclassification Class Claims

Capital One Services LLC failed in its bid to end a lawsuit that claims the company engaged in an illegal effort to misclassify non-managerial learning associates as exempt from overtime pay.

Judge Henry E. Hudson, of the US District Court for the Eastern District of Virginia, on Wednesday denied Capital One’s effort to dismiss the proposed class and collective actions claims that the company violated state and federal wage laws.

The named plaintiff, Anne Fierbaugh, alleges Capital One didn’t pay her overtime rates even though she worked overtime hours, because the company classified “learning associates” as exempt from the Fair ...