Brawner v. Bank of America Wage & Hour Class Action Settlement

A $2.25 million settlement has been reached in a class action lawsuit alleging Bank of America NA misclassified some employees as exempt from California’s wage and hour laws. If you worked for Bank of America as a dedicated service director, treasury services consultant and/or senior treasury services consultant in Concord, Calif., from May 9, 2010 through Sept. 10, 2015, you may be eligible for payment from the class action settlement.

Plaintiff Zelma Brawner filed the wage and hour class action lawsuit against Bank of America in May 2014. She accused the bank of five violations of California labor law: 1) failure to pay overtime wages; 2) failure to provide accurate itemized wage statements; 3) willful failure to pay all wages due within 72 hours after separation from employment; 4) violation of California’s unfair labor law; and 5) violation of the Labor Code Private Attorneys General Act.

Bank of America denies the allegations, but it has agreed to settle the wage and hour class action lawsuit to avoid the risk and expense of continued litigation.

If you wish to exclude yourself from the Bank of America class action settlement, you must do so no later than Nov. 27, 2015. The deadline to object to the settlement is Dec. 31, 2015.

Who’s Eligible

Class Members of the wage and hour class action settlement include anyone who worked for Bank of America as a dedicated service director, treasury services consultant and/or senior treasury services consultant (job codes CI049 and CI053) in Concord, California from May 9, 2010 through Sept. 10, 2015.

Potential Award

Varies. Each Class Member’s share of the class action settlement fund will be determined using the following formula:

Class Member’s Individual Share = (Potential Overtime Pay of Individual Class Member/Total Potential Overtime Pay of All Class Members) x Net Settlement Fund

NOTE: One-third of the amount distributed to each Class Member will be considered wages and will be subject to employee withholdings required under federal, state and local laws. Two-thirds of the amount distributed to each Class Member will be considered penalties and interest and will be reported as such on an IRS Form 1099.

Proof of Purchase

N/A

Claim Form Deadline

11/27/2015

Eligible Class Members should have received notice of this Bank of America class action settlement in the mail. If you believe you have not been sent the necessary forms, you should contact the Claims Administrator.

Case Name

Brawner v. Bank of America NA, Case No. 3:14-cv-02702-LB, in the U.S. District Court for the Northern District of California

Final Hearing

1/14/2016

Settlement Website

https://classaction.kccllc.net/BrawnerBofA

Claims Administrator

Brawner v. Bank of America Claims Administrator
P.O. Box 43384
Providence, RI 02940-9573
1-866-497-4053

Class Counsel

Joseph Clapp
AIMAN-SMITH & MARCY

Defense Counsel

Matthew C. Kane
Michael D. Mandel
Sylvia J. Kim
Joanna E. MacMillan
MCGUIREWOODS LLP