Allen Buckingham v. Bank of America Corp., Inc.
JOINT STIPULATION AND ORDER TO PROVIDE NOTICE TO PUTATIVE COLLECTIVE ACTION MEMBERS UNDER THE FAIR LABOR STANDARDS ACT. Signed by Judge Richard Seeborg on 6/6/16. (Attachments: # 1 Exhibit)(cl, COURT STAFF) (Filed on 6/6/2016)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ALLEN BUCKINGHAM, individually, on behalf
of others similarly situated, and on behalf of the
Case No. 3:15-cv-6344
NOTICE OF COLLECTIVE ACTION
Honorable Richard G. Seeborg
BANK OF AMERICA, N.A.,
IMPORTANT NOTIFICATION TO POTENTIAL COLLECTIVE ACTION MEMBERS
ALL INDIVIDUALS WHO HAVE BEEN EMPLOYED AS AN EXEMPT
IMPLEMENTATION ADVISOR OR CLIENT FULFILLMENT CONSULTANT BY
BANK OF AMERICA, N.A. IN THE LAST THREE YEARS
Please read this notice carefully and in its entirety. Your rights will be affected by proceedings in this
You are required to respond if you wish to assert federal claims, as described below. Be advised that,
although the Court has authorized distributions of this Notice, the Court remains neutral and has not yet
ruled on the merits of these federal claims.
The purpose of this Notice is to inform you of a pending class and collective action lawsuit (the
“Lawsuit”) brought against Bank of America, N.A. (“BofA”), claiming violations of the Fair
Labor Standards Act (“FLSA”). This Notice will inform you of the procedure for participating in
this suit. You are receiving this Notice because you may be entitled to “opt in” to a federal
collective action conditionally certified by the Court under the FLSA that consists of all
persons who are employed by BofA as an exempt Implementation Advisor or Client Fulfillment
Consultant, or who were so employed at any time in the last three years.
Description of the Lawsuit
The Plaintiff in this case is a former BofA Implementation Advisor who brought suit on behalf of
himself and all other exempt Implementation Advisors and Client Fulfillment Consultants who
were employed by BofA in the past three years. The Plaintiff alleges that BofA violated Federal
law (the FLSA) by denying putative class and collective action members overtime pay by
classifying them as exempt from overtime. In particular, during the relevant period, Plaintiff
contends that the FLSA required BofA to pay Implementation Advisors and Client Fulfillment
Consultants overtime wages (1.5 times the regular rate of pay) for any hours worked in excess of
forty hours per week. BofA has denied Plaintiff’s claims in this matter, contending that all
putative class and collective action members were properly classified as exempt from overtime
and paid properly.
Persons Eligible to Join the Lawsuit
To be eligible to join the Lawsuit, you must either currently be employed by BofA as an exempt
Implementation Advisor or Client Fulfillment Consultant, or have been so employed any time in
the last three years, and BofA must have failed to provide you with overtime pay for any hours
worked in excess of 40 per week.
How to Participate in the Federal Collective Action – Your Time to Join Is Limited
You will not be included in the Federal Collective Action unless you complete and submit the
enclosed Consent Form. By completing the enclosed Consent Form, you will be designating Plaintiff and
his attorneys to act on your behalf and to represent your interests with respect to your claims under the
FLSA. If you wish to discuss this matter, including the nature of the case and the terms of the Plaintiff’s
attorneys’ representation of Plaintiff and those who opt into this case, you may contact Plaintiff’s attorneys
at the contact information provided in the “Questions” section, below. If you do not file a Consent Form
and join this case, you will not be eligible to receive any recovery for overtime or other relief under
the Plaintiff’s Federal Law claims if the Plaintiff prevails in the Lawsuit. If you do not file a Consent
Form, any relief under the FLSA could be obtained by you only if you proceed to bring an independent
action within the time provided by law (three years from the last date of any alleged violation) either on
your own or with counsel of your own choosing.
Under the FLSA, your claim for unpaid overtime may extend back up to three years from the
date you file a Consent Form. Accordingly, if you wait to submit a Consent Form, the amount
of your claim if Plaintiff prevails may be reduced every day that you delay in submitting a
Changes of Address
If this Notice was sent to a wrong address, or if your address changes in the future, please send
prompt written notification of your correct address to Plaintiff’s Counsel at the mailing address or
e-mail address below in Section VIII.
Examination of Papers
All of the above descriptions of allegations and other matters in the Lawsuit are only summaries
and do not fully describe the case. The pleadings and other papers filed in this action are public
records and are available online by going to the following website: http://www.pacer.gov/ and
setting up an account to access court records. In the “Civil” tab, under California-Northern, you
will be prompted to enter the case number (3:15-cv-6344-RS) A copy of the lawsuit, this Notice,
and the Consent Form to Join Lawsuit are also available online at
Can Bank of America Retaliate Against Me for Participating?
The law does not allow employers to retaliate against employees for participating in a lawsuit
against them. Bank of America is prohibited by law from discharging you or retaliating against
you in any other manner as a result of you choosing to participate in this action. Likewise, Bank of
America will not treat you any more favorably if you decline to participate in this action.
If you have any questions with respect to this action or about this Notice, you may direct such
questions to Plaintiff’s Counsel:
Bryan Schwartz Law
Attn: Eduard Meleshinsky
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: (510) 444-9300
Facsimile: (510) 444-9301
YOU SHOULD NOT CONTACT THE COURT WITH QUESTIONS.
THIS NOTICE AND ITS CONTENT HAS BEEN AUTHORIZED BY THE UNITED
STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, THE
HONORABLE RICHARD G. SEEBORG, UNITED STATES DISTRICT COURT JUDGE.
The Honorable Richard G. Seeborg
United States District Judge
First and last name
City, st, zip
CONSENT FORM TO JOIN LAWSUIT AND DECLARATION
I hereby consent to join a lawsuit against Defendant Bank of America, N.A. as a Plaintiff to
assert claims for violations of the federal Fair Labor Standards Act. During the past three years,
there were occasions when I worked over 40 hours per week as an exempt Implementation
Advisor or Client Fulfillment Consultant for Defendant and did not receive overtime
I certify that the foregoing is true and correct under the penalty of perjury under the laws of the
Signature / Date
Position(s) Held (if multiple, include date for each)
Approx. Dates of Employment
Information Below Will Be Redacted in Filings with the Court. Please Print or Type.
(Non-work) Telephone Number
(Non-work) Email Address
City / State / Zip
RETURN THIS FORM BY MAIL, FAX OR EMAIL TO:
Bryan Schwartz Law
1330 Broadway, Suite 1630
Oakland, CA 94612
Facsimile: (510) 444-9301 (Attn: Eduard Meleshinsky)
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