Bank of America Employees Misclassified as Exempt from Overtime Pay, Class Action Says

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Bank of America, National Association is facing a proposed class action lawsuit claiming the institution misclassifies salaried employees as exempt from receiving overtime wages for the hours they work in excess of 40 each week. The complaint lists a slew of reasons the employees supposedly do not qualify as exempt from overtime under the Fair Labor Standards Act (FLSA), including that they:

• spend more than 50 percent of their time performing non-exempt job duties;
• don’t “customarily and regularly exercise discretion and independent judgment on matters of significance”;
• have no authority to make recommendations or decisions regarding the hiring and firing of employees;
• don’t supervise at least two other employees;
• perform work unrelated to management policies and the bank’s “general business operations”;
• don’t spend more than half their time outside the defendant’s location “selling or obtaining orders or contracts”; and
• don’t earn more than 50 percent of their wages through commissions.

Along with premium overtime wages, the complaint claims salaried employees also should have received uninterrupted 30-minute meal breaks, itemized wage statements, and reimbursement for business expenses such as the costs of travel, parking, mileage, and tolls.

The case has recently been removed from state to federal court in California.