The Defendant
Bank of America is an American multinational investment bank and financial services company that operates “call centers” in Las Vegas and other locations across the country where telephone-dedicated employees—customer service agents—handle phone calls regarding banking and investment services offered by Defendant to its customers.
The Employees
All current and former hourly call center agents who worked for Bank of America, N.A., in Delaware of Nevada at any time after December 7, 2013, or who worked for Bank of America, N.A. in any other state at any time after May 19, 2015, who who returned “Consent to Join” forms on or before July 16, 2019.
The Claims in the Lawsuit
The lawsuit alleges that Bank of America violated the federal Fair Labor Standards Act (“FLSA”) and Nevada Wage and Hour laws by failing to pay its Customer Service Agents for off-the-clock work during their pre-shift boot-up/login procedures.
Case Status
09/21/2016: the case was filed in the United States District Court for the District of Nevada, and has been assigned to Gloria Navarro;
06/14/2018: Judge Navarro issued an order denying Bank of America’s Motion to Dismiss;
06/22/2018: We filed the Second Amended Complaint.
05/17/2019: Claims administrator Simpluris mailed a Court-approved Notice to all current and former hourly call center agents who worked for Bank of America, N.A., in Delaware of Nevada at any time after December 7, 2013, or who worked for Bank of America, N.A. in any other state at any time after May 19, 2015. Such individuals can join the case by signing and returning a “Consent to Join” form on or before July 16, 2019.
9/14/20: The parties have entered into a Settlement Agreement on behalf of all current and former hourly call center agents who returned “Consent to Join” forms on or before July 16, 2019, which will become effective if approved by the Court. The terms of the settlement are summarized below, and you can click here to review the full Settlement Agreement.
10/13/20: The Settlement Agreement was approved by the Court. Hourly call center agents who returned “Consent to Join” forms on or before July 16, 2019 will receive settlement checks shortly after December 21, 2020 via First Class U.S. Mail, to the most recent address you have provided to our office. If you have a new mailing address and you are not sure if you’ve previously provided it to our office, please do so by e-mailing us at flsagroup@jtblawgroup.com.
Summary of Settlement Terms
The gross settlement amount is $1,755,000. Our requested attorneys’ fees are $526,500, and we are requesting reimbursement of ligation expenses incurred by plaintiffs’ counsel in the amount of $70,000. The two named plaintiffs will each receive a service payment in the amount of $5,000 each for leading the case and assuming the risk by participating in discovery, mediation and related activities. The settlement administration fees (amount incurred in connection with distributing the settlement proceeds), will not exceed $15,000.
The remaining funds, (approximately $1,133,500) will be divided between the 1,441 persons who returned “Consent to Join” forms on or before July 16, 2019 (i.e. “opt-in plaintiffs”) by a court appointed Settlement Administrator. Each person’s share will be calculated by the Settlement Administrator based on:
- The number of compensable workweeks worked during the settlement period for the entire group of 1,441 opt-ins (September 21, 2013 through the date the Court approves the settlement), to arrive at a workweek value for each compensable workweek;
- Each opt-in will be paid an individual settlement amount equal to the workweek value multiplied by the number of compensable workweeks attributed to the opt-in.
Shortly after December 21, 2020, the Settlement Administrator will send you your settlement payment by First Class U.S. Mail, to the most recent address you have provided to our office. If you have a new mailing address and you are not sure if you’ve previously provided it to our office, please do so by e-mailing us at flsagroup@jtblawgroup.com.
The settlement payments to each settlement class member will be allocated twenty-five percent (25%) each to: (1) wages (to be reported on an Internal Revenue Service (“IRS”) Form W-2); and (2) statutory liquidated damages; (3) civil or other penalties; and (4) interest (to be reported on an IRS Form 1099).
Important to note: as of the date the court granted approval of the settlement (10/13/20), you have released Bank of America Corporation from any and all waged related claims arising under federal, state and local laws, ordinances and regulations governing wages, and hours worked and wage payments, including the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., Nev. Rev. Stat. Sections 608.016, 608.018, and 608.260 (NRS)., and any other state or local law, ordinance or regulation governing wages and hours worked and wage payments, and their implementing regulations.
If you have any questions or concerns about the settlement, or if you object to any of its terms, we strongly encourage you to contact your attorneys at:
Nicholas Conlon Brown, LLC 877-561-0000 [phone] 855-582-5297 [fax] nicholasconlon@jtblawgroup.com
Kevin J. Stoops Sommers Schwartz, P.C. 248-355-0300 [phone] 248-784-6613 [fax] kstoops@sommerspc.com
