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Wages and Overtime Suit Filed Against Bank of America


A lawsuit has been filed against Bank of America, N.A. (BOA) on behalf of telephone-dedicated employees for unpaid wages and overtime worked at company call centers across the country. The lawsuit was filed as a collective action, which means that other Bank of America employees with similar job duties may join the case to seek their unpaid wages.

The lawsuit alleges that telephone-dedicated call center employees were required to perform essential preparatory and related work activities before and after their paid shifts. These activities were integral and indispensable for them to perform their duties. Examples of the alleged unlawful practices include finding a computer station, retrieving their headsets and other necessary equipment from their lockers, logging in to a computer, logging on to BOA`s network, opening relevant computer programs and software applications, reviewing memoranda and email, and completing other essential tasks. Similar duties were performed after being required to clock out following their last call of the day.

All call center employees that are eligible for overtime pay must submit their timesheets for approval by management. A timekeeping system (eWorkplace) is utilized to keep track of all overtime hours. The lawsuit alleges that BOA allows managers to unilaterally modify or decrease time recorded by overtime eligible associates. Additionally, BOA allows managers to instruct overtime eligible associates to modify or decrease their recorded time before the manager will approve.

The failure to pay employees their earned overtime wages is in direct violation of the Fair Labor Standards Act (FLSA). The FLSA provides for recovery of unpaid overtime wages, an equal amount for liquidated damages, attorney`s fees, and litigation costs. Back wages can be sought over either a two- or three-year period from the date the employee joins the case, depending on whether the violation is deemed willful. Both present and former employees of Bank of America, N.A. may participate in the case.

BANK OF AMERICA WAGES AND OVERTIME LAWSUT Legal Help

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Published on Oct-30-09


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