BY: Charles Ash, IV | IN: Class Action & Commercial Litigation, Employment Law
Earlier this year, a former of Bank of America NA call center employee sued the company for withholding wage and overtime compensation in violation of the federal Fair Labor Standards Act.
Law360 (subscription required) reported that lead plaintiff David Colon filed the lawsuit in an Arizona federal court on behalf of himself and other call center employees who worked for the company at any time since January 7, 2013.
Colon alleged that he was regularly required to log on to the company phone system and his computer, read company emails, and perform other tasks before his shift started. He claims that these pre-shift activities account for 15 to 20 minutes each day for which and other similarly situated employees were not paid, and which generally constitute overtime. The lawsuit asserts that the company was aware of the overtime work because of employees’ presence within the office and on the company’s computer system.
This is not the first time Bank of America has faced these allegations. A few years ago, the financial giant settled a similar suit filed by other call center representatives and retail banking center workers for more than $73 million. Numerous other call center employers have also faced wage and overtime actions suits brought by their employees, employees who contend that the time they spend preparing to work should be compensated.
The attorneys in Sommers Schwartz’s Employment Litigation Group have represented thousands of people in wage and overtime cases, including call center representatives and agents, food processing workers, and nurses and health care aides. If you have questions regarding your right to fair compensation, please contact us today.
View all posts byCharles Ash, IV
Charles R. Ash, IV is a Shareholder in Sommers Schwartz’s Complex Litigation groups. A substantial portion of Rob’s practice is devoted to collective and class actions arising under the Fair Labor Standards Act (FLSA) and similar state laws.