"Terry Boyd Has Federal Overtime Case Against Bank of America Certified as a Class Action"
OC Weekly, July 2, 2014 (online)
A former Ladera Ranch Bank of America appraiser's lawsuit over overtime pay has been certified as a class-action case by U.S. District Court Judge David O. Carter in Santa Ana, according to an attorney representing the plaintiffs.
Terry Boyd, who resides in Trabuco Canyon, filed his lawsuit in April 2013, But Judge Carter on Friday signed off on the case covering about 350 appraisers across the country, including around 185 in California, says Boyd's attorney Bryan Schwartz.
Bank of America is accused of classifying the appraisers as administrators to avoid paying them overtime or giving them breaks. Schwartz told City News Service that the bank has stated appraisers are "learned professionals" like lawyers or doctors.
Because many appraisers work from home, there was no one stopping them from taking breaks, according to Bank of America. But Carter said a company must do more to ensure employees get breaks.
Schwartz, who filed a similar case against JPMorgan Chase that is headed to mediation, is seeking a summary judgment for his BofA clients. Barring that, trial would being around the middle of next year, the attorney estimates.