Judge Asked to Dismiss BofA, Merrill Lynch Overtime Lawsuit

Bank of America and Merrill Lynch asked a federal judge to rule on their motion to dismiss before responding to the plaintiffs’ request to reconsider the denial of class certification in an overtime pay lawsuit.

An attorney for Merrill Lynch wrote presiding New York federal Judge George Daniels to argue that a dismissal would “render moot reconsideration of the class certification motion.” The lawyer also said a dismissal was in order as the request for class reconsideration was based on the the looming expiration of Fair Labor Standards Act (FLSA) statute of limitations.

Merrill Lynch also claims that the plaintiffs were trying to prevent Merrill Lynch from deposing two of the named plaintiffs in the overtime lawsuit.

Earlier this month, Merrill Lynch filed the motion to dismiss the wage and hour class action filed by named plaintiffs, Andrew Blum and Zaq Harrison, on the grounds it was making the same claim as yet another unpaid overtime class action lawsuit, Litty v. Merrill Lynch & Co. Inc., filed in California federal court last year, which was denied class certification.

However, Judge Daniels denied Blum’s motion to reconsider the denial of class certification, and also denied the bank’s request to depose the plaintiffs before responding to their motion for conditional certification.

BofA, Merrill Lynch Accused of FLSA Overtime Violations

The crux of this wage and hour lawsuit involved Bank of America and its Merrill Lynch unit’s alleged refusal to pay two former financial adviser trainees overtime for 10-hour days, long nights and weekend work.

The former trainees, Blum and Harrison, accused the companies of violating the Fair Labor Standards Act, in failing to properly compensate trainees overtime pay in the development stage of the program while they were expected to generate leads for potential clients.

According to the unpaid overtime lawsuit, Blum, a resident of Florida, said he was required to work 10-hour days and attend client functions in the evening two to three times a week and events for as long as eight hours on weekends during the three months he was a development-stage trainee in 2012. Harrison, a resident of Maryland, also said he worked long hours during his three months in the program, including eight-hour stints on Sundays.

The plaintiffs seek to represent more than 100 trainees who have worked in the companies’ Practice Management Development program since Aug. 5, 2011. Damages for the proposed class were said to exceed $5 million.

In addition to FLSA overtime violations, the companies are accused of violating Maryland’s wage and hour laws.

Labor Law Violations

Employees are entitled to their rights under state and federal labor laws. The Fair Labor Standards Act (FLSA) governs the rights of employees to be paid fair wages and have good working conditions.

Employers who cut corners and disregard these rights can be held legally accountable by employment law. If you believe your employer has violated state or federal employment laws, you may qualify for damages that may be awarded in a possible class action or lawsuit.

The Bank of America Merrill Lynch Unpaid Overtime Class Action Lawsuit is Blum, et al v. Merrill Lynch & Co. Inc, Case No. 1:15-cv-01636, in the U.S. District Court for the Southern District of New York.

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