Buckingham, et al. v. Bank of America, National Association

Buckingham, et al. v. Bank of America, National Association

Buckingham, et al. v. Bank of America, National Association

Case Files

Class Action Complaint


Settlement Agreement

Motion for Preliminary Approval

Preliminary Order Granting Approval of Class Action Settlement

Motion for Attorneys’ Fees and Costs

Case Summary

This case is brought by four former Client Fulfillment Consultants (also referred to as “Implementation Advisors”) on behalf of current and former Client Fulfillment Consultants employed by Bank of America, N.A. (BofA) who were not paid overtime for hours worked over 40 per week (and more than 8 hours in a day in California). The former Client Fulfillment Consultants allege causes of action against BofA for: (1) failure to pay overtime or straight-time wages under federal law and the respective wage laws of California, North Carolina, Illinois, and Connecticut; (2) failure to provide timely, accurate, itemized wage statements under California law; (3) failure to provide and/or authorize meal and rest periods under California law; (4) unlawful and/or unfair business practices in violation of California Business and Professions Code; and (5) penalties under the California Private Attorneys General Act of 2004.

BofA denies that it is liable for any of the claims.

However, in light of the risk, expense, and delay of proceeding to trial and potentially litigating an appeal of pre-trial rulings and the trial outcome, the parties agreed to settle the lawsuit, and the Court has granted preliminary approval of the settlement.

The settlement will provide $6.6 million to pay claims of current and former Client Fulfillment Consultants who worked for BofA in California between December 31, 2011 and October 17, 2016, in Illinois between December 31, 2012 and October 17, 2016, in Connecticut or North Carolina between December 31, 2013 and October 17, 2016, and/or who timely joined the federal nationwide collective action and worked for BofA between December 31, 2012 and October 17, 2016. These varying time periods are based on differences in the statute of limitations provided by the four different state wage laws and the federal overtime law.

The Court has scheduled the Final Fairness Hearing for June 29, 2017. This date is subject to change without further notice.

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