Bank of America Loses Motion to Dismiss in Unpaid Overtime Class Action Brought By Its Call Center Employees


A federal court in Kansas denied Bank of America motion to dismiss an unpaid overtime lawsuit brought by the Bank’s call center employees.

The call center employees claim Bank of America forced them to work without pay during meal breaks and before and after their regular hours due to laying off too many employees and under staffing decisions designed to lower costs and increase the Bank’s profits. The lawsuits brings class-action claims under the laws of different states and collective action claims under the Fair Labor Standards Act.

To read the Court’s opinion click here.

In our work as nationwide and Chicago wage and hour attorneys, we frequently see workers who have been misclassified as exempt from overtime. Whether this was an honest mistake or an intentional attempt to save money, it effectively “steals” wages from the misclassified employees. Lubin Austermuehle stands up for the rights of workers in Chicago, Illinois and throughout the country who are victims of overtime wage theft, including misclassified employees as well as those pressured to work off the clock; lie on timesheets; or simply not paid an overtime rate. Our Joliet, Waukegan, Aurora, and Naperville unpaid overtime lawyers handle both individual and class action employment cases. Based in Chicago and Oak Brook, Ill., our Chicago Fair Labor Standard’s Act attorneys represent clients throughout Illinois, the Midwest and the United States.

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