Brawner, et al. v. Bank of America, N.A.
United States District Court for the District of Kansas, case no.: 09-CV-2073
Filed: February 13, 2009

What is the lawsuit about?

UPDATE: On June 4, 2010, the Plaintiffs filed their consolidated complaint with the Court. This complaint represents the wage and hour class claims asserted in the twelve cases that were consolidated against Bank of America. For a copy of the consolidated complaint, click here.

UPDATE: As previously stated, the U.S. Judicial Panel on Multidistrict Litigation consolidated twelve lawsuits against Bank of America (BOA) before our court in the Brawner matter for all pre-trial litigation. In this process, our 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 this 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.

UPDATE: A few months ago, Bank of America asked that all cases filed against them alleging overtime violations be combined before one judge in one court. This request was made to the U.S. Judicial Panel on Multidistrict Litigation. After briefing and oral arguments, this Panel issued its opinion on April 14, 2010. The Panel has ordered that all these overtime class action cases be consolidated with DONELON, P.C.’s case Amanda Brawner, et al. v. Bank of America, N.A., C.A. No. 2:09-2073, in the District of Kansas. The following eleven cases will be consolidated into one legal action for discovery and class certification purposes:

Our office along with Stueve Siegel Hanson, L.L.P. and Brown & Associates, L.L.C. filed a collective action claim against Bank of America, N.A. (“BOA”) in the U.S. Federal Court for the District of Kansas on February 19, 2009. This lawsuit was filed on behalf of all current and former bank tellers, personal bankers, sales & service specialist, customer service manager, and assistant branch managers who worked for BOA within the past three years for unpaid overtime under the Fair Labor Standards Act (FLSA). The lawsuit alleges that BOA failed to pay these employees for overtime worked. In particular, these employees would work more than forty hours in a work week, but instead of paying them overtime, BOA would: (i) give them “comp time” instead, (ii) tell them not to record the hours worked over forty, and/or (iii) lower or “modify” the tellers’ recorded hours by eliminating any overtime hours. Also, the lawsuit alleges that BOA would automatically deduct time for meal breaks; however, these employees were routinely required to perform work during these meal breaks (or were not able to take such breaks).

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?

For more information, please contact either:

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 09-2073 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.