Branch Banking & Trust Co. Update

On October 29, 2015, the court denied BB&T’s motion to dismiss the lawsuit, ruling that plaintiffs Andrew Ketner and Stephen Baker have valid claims against BB&T for violations of the Fair Labor Standards Act.  Specifically, the court held that the plaintiffs stated plausible claims that BB&T misclassified them as exempt when it enforced the Training Cost Agreement (“TCA”) and that enforcement of the TCA required employees to work for wages lower than minimum wage.  The court has also allowed the plaintiffs to continue on with their request that the TCA be declared unenforceable.  Click here for a copy of the court’s decision.