KANSAS CITY, Mo. - (Business Wire) Stueve Siegel Hanson LLP and Donelon, P.C. recently filed a lawsuit 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.
Further questions about the lawsuit should be directed to George Hanson of Stueve Siegel Hanson at 816-714-7100 or Brendan Donelon of Donelon, PC at 816-221-7100.
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About Stueve Siegel Hanson LLP
Stueve Siegel Hanson LLP represents plaintiffs and defendants nationwide in wage and hour class and collective actions, complex securities, business, environmental, and product litigation and trials. Stueve Siegel Hanson employs results-based contingency fee billing – not hourly billing – to give clients the flexibility to pursue legal action even when that action wouldn’t ordinarily be cost effective.
About Donelon, PC
Donelon, PC is a law practice focused primarily in complex wage and hour class action claims.
Stueve Siegel Hanson LLP
Kelly Dillman, 816-714-7127
dillman@stuevesiegel.com
www.stuevesiegel.com
