Bank of America Employees Claim They Were Not Paid for Time Off the Clock

Employees of Bank of America call centers have filed a class action lawsuit against the banking giant, alleging they were not paid for time off the clock that they were required to spend working.

According to the workers, the bank required employees to be logged in and ready for calls at the very start of their shift. However, this requires first booting up the computer and signing in, as well as initializing the necessary software for work—and that, they allege, is time off the clock that employees were required to work yet weren’t actually compensated for.

“The net effect of defendant’s policies and practices, instituted and approved by company managers, is that defendant willfully failed to pay regular and overtime compensation to plaintiff and others similarly situated, and willfully failed to keep accurate time records to save payroll costs,” reads the suit. “Defendant thus enjoyed ill-gained profits at the expense of its hourly employees.”

The lawsuit was brought by Bank of America call center worker Michael R., who filed under the Fair Labor Standards Act as well as state labor laws. Michael alleges that call center managers were well aware that their employees had to do setup work prior to the start of their shift, as well as finish up calls that lasted after their shift ended, but never stopped them from doing so, and even instructed them not to clock in until their shift was scheduled.

However, Michael claims the bank also had a policy of disciplining employees if they were not prepared to take calls from the very start of their shift, requiring them to have already performed this setup work, the suit claims.

The lawsuit was filed on June 1, 2018, in the U.S. District Court for the Eastern Division of the Northern District of Illinois.

Wage and Hour Regulations

There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. However, many workers across the country do not know the protections that the Fair Labor Standards Act (FLSA) offers, which can lead to employers taking advantage of them, in some cases requiring unpaid overtime work despite the illegality of doing so.

Some workers may find themselves unable to file wage and hour complaints like this unpaid overtime lawsuit because they are not aware of FLSA rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations. To protect workers who help to enforce FLSA rules, laws also exist to protect workers from discrimination based on wage and hour complaints.

Filing a Lawsuit over Unpaid Time off the Clock

If you have worked for an employer like the Bank of America that may have failed to follow the Fair Labor Standards Act or state labor laws, such as proper overtime requirements, you may be able to either join a wage and hour class action lawsuit or file an unpaid overtime lawsuit of your own.

The Bank of America Wage and Hour Lawsuit is Case No. 1:18-cv-03843, in the U.S. District Court for the Eastern Division of the Northern District of Illinois.

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If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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