Bank of America Sued for Failing to Pay Hourly Employees
Donovan Axler, LLC and Timby Hunt, LLC File Amended Class Action Complaint Against Bank of America, NA To Recover Unpaid Overtime Wages Owed To Hourly Information Technology Workers Placed Through Third Party Recruiters.
PHILADELPHIA, Oct. 2, 2015 /PRNewswire/ -- Donovan Axler, LLC and Timby Hunt, LLC filed an amended class and collective action in New Jersey federal court on behalf of current and former hourly information technology workers at Bank of America, NA and Bank of America Corp. for failing to pay overtime wages that were due to them pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., and the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a, et seq.
As alleged in the Amended Complaint, Bank of America recruits and employs hourly Information Technology workers, supplied by third party recruiting companies, at various corporate facilities throughout the country, including at its Pennington, NJ and Jersey City, NJ corporate centers. The Amended Collective and Class Action Complaint alleges that Bank of America regularly requires these hourly Information Technology workers to work more than 40 hours per week but fails to pay them any wages for work beyond 40 hours per week.
One of the emails quoted in the Amended Complaint states: "I told him [Bank of America manager] I worked 56 hours and he said that was fine, but that I couldn't put anything more than 40 in, 8 hours each day max. That it's understood and no one can put more in." The Amended Complaint further alleges that Bank of America uses the third party recruitment program as a cover to dodge or avoid paying hourly Information Technology workers for all hours worked.
Plaintiffs Scott Federman and James Leone were both hourly Information Technology workers at Bank of America's corporate center in Pennington, NJ. They both regularly worked over 40 hours per week but were only paid for 40 hours, as they could only get paid after their time sheets were approved and their Bank of America managers would only approve time sheets limited to 40 hours per week. Plaintiff Federman was recruited and placed by Mitchell Martin, Inc. Plaintiff Leone was recruited and placed by TEKSystems. Both placements were made through Fieldglass, which is the Internet tool Bank of America uses to recruit Information Technology workers through third party recruiters.
"We want to make sure Messrs. Federman and Leone and everyone who works hourly in Information Technology at Bank of America receives full pay for all hours worked," says Tracy Hunt of Timby Hunt, LLC.
The case is Scott Federman, et al. v. Bank of America, NA et al., (Case No. 14-00441(MAS)(TJB) District of New Jersey).
About Donovan Axler, LLC
DONOVAN AXLER, LLC, located in Berwyn, Pennsylvania, is a law firm dedicated to providing first class litigation services to institutional and individual investors, consumers, and small businesses. The firm's nationwide practice focuses on class actions, litigation on behalf of employees and consumers, as well as cases against financial service providers, including banks, mortgage servicers, consumer debt collectors, consumer reporting agencies (credit bureaus) and credit card issuers. The firm strives to provide consumers, employees, investors and institutions with the type of sophisticated, in-depth representation that is ordinarily available only to the largest clients of money-center law firms.
SOURCE Donovan Axler, LLC
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