Bank of America Corporation (BoA) is on the receiving end of a proposed class and collective action wherein a former call center employee claims he and other telephone-dedicated workers were required to perform unpaid work before and after their respective shift start and end times. In addition to alleged unpaid off-the-clock work, the plaintiff claims Bank of America “knowingly required and/or permitted” call center employees to work during meal break periods without pay.
The plaintiff worked for Bank of America at its Rolling Meadows, Illinois call center from April 2016 through March 2017, the complaint states. At the call center, the defendant’s managers reportedly instructed phone-based employees not to log into Bank of America’s timekeeping system prior to their scheduled shift start times. Despite this mandate, BoA managers were aware and effectively permitted employees to perform off-the-clock work—booting up computers, initializing software programs, reading company emails and instructions, logging in and out of BoA’s system— at their stations prior to the start of their shifts while allegedly taking no steps to stop or otherwise disallow such work from happening.
All told, the lawsuit claims Bank of America should be on the hook for failing to pay call center workers for all the time they actually worked, an alleged willful failure to pay both appropriate regular wages and time-and-a-half overtime.