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In October 2007, Bank of America reclassified some of its employees from exempt to non-exempt – those reclassified employees who were previously not receiving overtime would now be receiving overtime for the hours worked over 40 hours per week. Bank of America informed those employees that they were not entitled to back wages.
In September 2008, three current and former employees of BOA filed suit in federal court in Atlanta accusing BOA of failing to pay them the back wages owed for overtime. The lawsuit accuses the company of uniformly and systematically violating the overtime provisions of the Fair Labor Standards Act by not paying overtime to eligible employees at 1.5 times their regular rate.
The case is in its early stages and the Court has made no findings that BOA is liable. However, eligible employees may be owed hundreds or thousands of dollars in overtime pay. The law allows employees to recover double their actual overtime damages if the court finds that an employer willfully violated the law. The Plaintiffs allege BOA willfully violated the FLSA and therefore seek recovery of double their unpaid overtime, as well as litigation costs and expenses.
Unsure if you qualify for compensation in this case? Call our overtime lawyers in Atlanta today at (404) 238-7299 to learn more.
How Do I Join?
Current and former employees who worked for BOA may be eligible to join this case and seek payment for overtime. If you are or were an employee of BOA, you should fully read this notice and get involved.
Positions that may be eligible to participate include Field Examiner II and/or any other positions that were reclassified from exempt to non-exempt in fall 2007.
In order for you to be eligible to assert a claim in this case, you must:
- Have had your position changed from not eligible for overtime to eligible for overtime in fall 2007;
- Have worked more than 40 hours per week prior to October 2007 and were not paid for it; and,
- Execute a written consent form agreeing to join this case and be represented by Plaintiffs' attorneys
You are not required to be represented by Plaintiffs' attorneys to opt-in to the lawsuit. You may retain the attorney of your choice to represent you.
Will BOA Take Action Against Me For Joining the Class?
Bank of America is prohibited by law from taking any action against you for participating in this lawsuit.