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Overtime Violations: Bank of America Employees File Class-Action Lawsuit for Unpaid Wages, Failure to Provide Meal and Rest Breaks and Failure to Pay Vacation Pay

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for above-the-bar-logo-no12.jpgCurrent and former employees of Bank of America recently filed class-action lawsuits alleging wage and hour violations under various state labor laws (including labor laws in California, Texas, Washington and Kansas) and the Federal Fair Labor Standards Act. The lawsuit was filed on behalf of employees who worked at Bank of America retail branches and call centers over the past 3 years. The Complaint alleges that Bank of America made its employees work in excess 40 hours a week and did not pay them both for overtime and all straight time worked. It also alleges that Bank of America required its employees to work during unpaid breaks, did not provide breaks for meals and rest, and did not timely pay terminated employees their wages and accrued vacation time.

Bank of America employs over 280,000 people worldwide and operates close to 6,000 retail branches in the U.S. It is one of the nation’s largest employers and is the largest U.S. bank. If the allegations are proven to be true, it is simply wrong and illegal for Bank of America or any Company seek to advantage of its workers by not paying legally-required overtime and other wages. This case could cover more than 180,000 workers and lead to a recovery of hundreds of millions of dollars.

Whether you work for a large company or a small business, the Federal Fair Labor Standards Act and the State Labor Laws in New York, New Jersey and Connecticut provide protections to employees. As set forth in our previous Blog entry, both the FLSA and the New York Labor Law provide that all covered non-exempt employees must be compensated 1 ½ times the regular rate of pay for all time worked in excess of 40 hours per week. Moreover, overtime pay cannot be waived and any unauthorized overtime must also be paid. Your employer cannot ask you to sign a document stating you are not entitled to overtime. Our prior Blog entry discussed your rights to lunch or dinner meal breaks, if applicable, and rest breaks.

Given the recent economic climate and competitive labor market, employers may try to take advantage of employees and employees may be reluctant to ask for their rightful wages. The allegation that such an enormous employer with offices and employees worldwide might engage in unfair labor practice suggests that surely such offenses are still prevalent. If you feel you are a victim of unfair wage and hour violations, our experienced New York, New Jersey and Connecticut Wage and Hour Attorneys can help you recover your rightful wages and benefits. E-mail or call us at (800) 893-9645 to discuss your possible case.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.