Bank of America Failed to Pay Lending Officers for Off-the-Clock Work, Lawsuit Claims

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Bank of America, NA (BoA) is the defendant in a proposed class action filed by a former employee who claims the company has failed to pay proper wages to mortgage loan officers and associates, lending officers and associates, and those in similar positions in California.

“Specifically, Bank of America failed to pay for rest breaks, provide rest breaks, pay for missed breaks, provide accurate wage statements and pay wages related to the missed breaks in final wages owed to former employees,” the complaint summarizes.

The plaintiff, a San Diego resident, worked for BoA selling mortgages and was paid on a sales-commission basis, the case says, adding the defendant paid proposed class members advances on commissions but then “clawed back” the advances from employees’ commission payments. According to the complaint, BoA failed to pay lending officers for time spent:

“[The plaintiff] and the class were frequently required to work off the clock at the knowing and explicit direction and order of Bank of America to complete their duties, including during evenings and weekends,” the suit reads, noting lending officers did not receive time-and-a-half overtime for hours worked in excess of 40 each week.

Proposed class members’ job duties did not afford them time to take uninterrupted rest breaks, the case continues, as the bank required them to remain on call without being paid for this work time. According to the suit, BoA lending officers were assigned and required to work in excess of four hours straight without at least a 10-minute uninterrupted rest period for each such shift in violation of California law.