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In re Bank of America Wage and Hour Employment Practices Litigation

Multi-State Class ActionU.S. District Court, District of Kansas10-MD-2138-JWL

Case Type:  Unfair and Unlawful Business Practices

Co-counsel for plaintiffs (Chair of Committee for California law claims) in a multi-district proceeding bringing together numerous actions brought against Bank of America (BofA) on behalf of current and former non-exempt retail branch and call center employees seeking damages, including back pay for unpaid wages, overtime and other related remedies, penalties and restitution.  The suit alleges that BofA’s policy and practice is to deny earned wages, including overtime pay, to its non-exempt hourly employees at its retail branch and call center facilities throughout the country.  In particular, BofA requires its employees to be present and perform work in excess of eight hours per day and/or forty hours per work week but fails to pay them overtime accordingly, and further fails to pay for all straight time hours worked.  BofA additionally fails to properly pay overtime on non-discretionary bonuses provided to its non-exempt employees.  BofA’s deliberate failure to pay its retail branch and call center employees their earned wages and overtime compensation violates the federal Fair Labor Standards Act (FLSA), the California Labor Code, the California Business & Professions Code, the Revised Code of Washington and the Washington Administrative Code, as well as other state labor laws nationwide.  The consolidated complaint was filed in the U.S. District Federal Court for Kansas on June 4, 2010.

The district court certified a nationwide class for the FLSA claim, and denied class certification in other respects.  In re Bank of Am. Wage & Hour Empl. Litig., 286 F.R.D. 572 (2012).  The parties have reached a settlement that is being documented.

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