Schreiber, et al. v. Bank of America, N.A.
United States District Court for the District of Kansas, case no.: 09-CV-1336
Filed: October 30, 2009

What is the lawsuit about?

UPDATE: On April 14, 2010, the U.S. Judicial Panel on Multidistrict Litigation consolidated this lawsuit, along with 11 other similar cases against Bank of America (BOA), before the court in the Brawner, et al. v. Bank of America, N.A. matter for all pre-trial litigation. This firm already represented the Plaintiffs in this Brawner matter. In this process, the Brawner court held a preliminary hearing on May 14, 2010 regarding the litigation of these consolidated lawsuits. At this hearing, the Court appointed interim lead class counsel on these consolidated cases. The two firms working on the Brawner matter; Donelon, P.C. and Stueve Siegel Hanson, LLP; along with the California law firm of Marlin & Saltzman (www.marlinsaltzman.com) have been appointed as lead counsel. Our offices will begin litigating the class claims against BOA.

To follow the filings in this case before the U.S. Federal Court for the District of Kansas, you can access this information by clicking on https://ecf.ksd.uscourts.gov/cgi-bin/login.pl.

Once you are on that web page, you will need to set up a PACER account in order to receive a “login” and “password.” There is a link on this page for http://pacer.psc.uscourts.gov/. Once you have a login and password, you can go back and enter that information on the court’s website in order to log-in. After you log in, click “query” at the top of the next screen. This will bring up a “search clues” box. Within that box, you will need to enter 10-md-2138 in the case number area, then hit the “Run Query” button. On the next screen, click on the “docket report” link. That will bring up the docket report for the case. You will be able to see all the documents that have been filed in the case, including all the consent to join forms. Note: if you click on a document and want to review it, there is a charge to your PACER account for the copies.

The lawsuit alleges that telephone-dedicated call center employees were required to perform essential preparatory and related work activities before and after their paid shifts. These activities were integral and indispensable for them to perform their duties. Examples of the alleged unlawful practices include finding a computer station, retrieving their headsets and other necessary equipment form their lockers, logging in to a computer, logging on to BOA’s network, opening relevant computer programs and software applications, reviewing memoranda and email, and completing other essential tasks. Similar duties were performed after being required to clock out following their last call of the day.

All call center employees that are eligible for overtime pay must submit their timesheets for approval by management. A timekeeping system (eWorkplace) is utilized to keep track of all overtime hours. The lawsuit alleges that BOA allows managers to unilaterally modify or decrease time recorded by overtime eligible associates. Additionally, BOA allows managers to instruct overtime eligible associates to modify or decrease their recorded time before the manager will approve.

The failure to pay employees their earned overtime wages is in direct violation of the Fair Labor Standards Act (FLSA). The FLSA provides for recovery of unpaid overtime wages, an equal amount for liquidated damages, attorney’s fees, and litigation costs. Back wages can be sought over either a two- or three-year period from the date the employee joins the case, depending on whether the violation is deemed willful. Both present and former employees of Bank of America, N.A. may participate in the case.

We are seeking nation wide class status. At this time, this lawsuit is not a certified collective class action. It will only become a certified collective class action after the Court issues an order granting this status. We will be seeking such an order from the Court as this matter proceeds.

Can I get a copy of the lawsuit?

For a copy of the lawsuit that has been filed: click here.

How can I join?

If you were/are a Loan Officer working for Citywide after October 20, 2006, please feel free to contact our office more information on how to join this matter:

How Can I follow What is Happening in the Lawsuit?

This lawsuit was filed in U.S. Federal Court for the District of Kansas. That court allows the public to view the documents filed in existing lawsuits. You can access this information by clicking on https://ecf.ksd.uscourts.gov/cgi-bin/login.pl.

Once you are on that web page, you will need to set up a PACER account in order to receive a “login” and “password.” There is a link on this page for http://pacer.psc.uscourts.gov/. Once you have a login and password, you can go back and enter that information on the court’s website in order to log-in. After you log in, click “query” at the top of the next screen. This will bring up a “search clues” box. Within that box, you will need to enter 09-2542 in the case number area, then hit the “Run Query” button. On the next screen, click on the “docket report” link. That will bring up the docket report for the case. You will be able to see all the documents that have been filed in the case, including all the consent to join forms. Note: if you click on a document and want to review it, there is a charge to your PACER account for the copies.