Gordillo, et al. v. Bank of America, N.A.
United States District Court for the Eastern District of California, case no.: 09-CV-1954
Filed: November 23, 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 in California 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) and California wage and hour laws. Both present and former employees of Bank of America, N.A. may participate in the case.

We are seeking state wide class status. At this time, this lawsuit is not a certified class action. It will only become a certified 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 call center employee working for BOA after November 23, 2006, please feel free to contact our office more information on how to join this matter: