Since federal courts tend to rule in favor of Big Business, most companies prefer to dispute overtime lawsuits in federal court, but their ability to do so has some limitations. Among those limitations is the requirement that the total amount of the claims for which plaintiffs are filing add up to at least $5 million.
According to a California federal judge, an overtime class action lawsuit against Bank of America did not meet that requirement, so Judge Vince Chhabria granted the plaintiff’s request to remand the case back to Alameda County Superior Court.
Bank of America allegedly underpaid its business bankers by refusing to properly compensate them for the hours they worked after eight hours in a day or forty hours a week. In its motion to have the case moved to federal court, Bank of America alleged the claims involved, plus the attorneys’ fees and legal costs, added up to at least $8 million.
Judge Chhabria did not follow the bank’s logic, since that number assumes each plaintiff worked 2.5 hours of overtime for 90% of the weeks in the proposed class period.
Laura Lopez, one of the named plaintiffs in the proposed class action lawsuit, provided evidence that she did not actually work that many hours of overtime for most of the weeks included in the class period – some weeks she worked no overtime and she was on vacation for others. Continue reading