BofA Workers Seek Cert. For Over 33K In Missed Break Suit

Law360, San Francisco (November 7, 2019, 8:01 PM EST) -- Bank of America employees seeking class certification in their wage and hour fight told a California federal magistrate judge Thursday that over 33,000 workers lost out on mandated meal and rest breaks to accommodate clients’ needs, with a manager allegedly telling one worker that “high performers don’t take breaks.”

U.S. District Magistrate Judge Laurel Beeler heard arguments from counsel on both sides about whether the plaintiffs had enough commonality to qualify for class certification, and saying she’s most interested in hearing about whether there exists too much variability between proposed class members “to rope them into one big class.”

Judge Beeler...

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