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Wednesday, October 27, 2010

Judge Denies Bank of America’s Motion to Dismiss Wage-and-Hour Class Action Claim

A federal judge recently denied Bank of America's motion to dismiss a multidistrict litigation class action claim charging the bank with wage-and-hour violations. The lawsuit was filed by branch and call center employees who claim Bank of America intentionally did not pay overtime wages mandated by federal and state laws. The class action lawsuit may include upwards of 200,000 employees.

The judge ruled that the plaintiffs supplied ample documentation of "numerous alleged ways in which the Bank routinely denied overtime compensation to its retail branch and call center employees and details the nature of the work that employees were allegedly required to perform off-the-clock."

The lawsuit claims that employees were required to work before shifts, after shifts, and during meal breaks without receiving the appropriate compensation. According to the complaint, call center employees were required to retrieve headsets, review memoranda, respond to email, and shut down the workstation after clocking out.

The same judge also ruled against Bank of America in another related decision. This ruling has halted the running of the statute of limitations until all potential class members are notified. This is a devastating ruling against Bank of America, since restarting the statute of limitations right away would potentially prevent many injured employees from joining the class action lawsuit.

If you have a wage-and-hour claim, the experienced employment law attorneys at The Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

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posted by Benjamin A. Irwin at 12:55 PM

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The Cochran Firm handles Civil Litigation and Criminal Defense claims for clients throughout the United States of America. The information on this website does not constitute legal advice nor form an attorney-client relationship.Please contact The Cochran Firm today to schedule a free consultation.

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