Stueve Siegel Hanson LLPFiles Lawsuit against Bank of America for Failure to Pay Earned Wages and Overtime Pay

* Reuters is not responsible for the content in this press release.

Fri Oct 30, 2009 12:22pm EDT

KANSAS CITY, Mo.--(Business Wire)--
Stueve Siegel Hanson LLP and Donelon, P.C. recently filed a lawsuit against Bank
of America, N.A. (BOA) on behalf of telephone-dedicated employees for unpaid
wages and overtime worked at company call centers across the country. The
lawsuit was filed as a collective action, which means that other Bank of America
employees with similar job duties may join the case to seek their unpaid wages. 

The lawsuit alleges that telephone-dedicated call center employees were required
to perform essential preparatory and related work activities before and after
their paid shifts. These activities were integral and indispensable for them to
perform their duties. Examples of the alleged unlawful practices include finding
a computer station, retrieving their headsets and other necessary equipment from
their lockers, logging in to a computer, logging on to BOA`s network, opening
relevant computer programs and software applications, reviewing memoranda and
email, and completing other essential tasks. Similar duties were performed after
being required to clock out following their last call of the day. 

All call center employees that are eligible for overtime pay must submit their
timesheets for approval by management. A timekeeping system (eWorkplace) is
utilized to keep track of all overtime hours. The lawsuit alleges that BOA
allows managers to unilaterally modify or decrease time recorded by overtime
eligible associates. Additionally, BOA allows managers to instruct overtime
eligible associates to modify or decrease their recorded time before the manager
will approve. 

The failure to pay employees their earned overtime wages is in direct violation
of the Fair Labor Standards Act (FLSA). The FLSA provides for recovery of unpaid
overtime wages, an equal amount for liquidated damages, attorney`s fees, and
litigation costs. Back wages can be sought over either a two- or three-year
period from the date the employee joins the case, depending on whether the
violation is deemed willful. Both present and former employees of Bank of
America, N.A. may participate in the case. 

Further questions about the lawsuit should be directed to George Hanson of
Stueve Siegel Hanson at 816-714-7100 or Brendan Donelon of Donelon, PC at
816-221-7100. 

The choice of a lawyer is an important decision and should not be based solely
upon advertisements. 

About Stueve Siegel Hanson LLP

Stueve Siegel Hanson LLP represents plaintiffs and defendants nationwide in wage
and hour class and collective actions, complex securities, business,
environmental, and product litigation and trials. Stueve Siegel Hanson employs
results-based contingency fee billing - not hourly billing - to give clients the
flexibility to pursue legal action even when that action wouldn`t ordinarily be
cost effective. 

About Donelon, PC

Donelon, PC is a law practice focused primarily in complex wage and hour class
action claims.

Stueve Siegel Hanson LLP
Kelly Dillman, 816-714-7127
dillman@stuevesiegel.com
www.stuevesiegel.com



Copyright Business Wire 2009

Comments (0)
This discussion is now closed. We welcome comments on our articles for a limited period after their publication.