BofA, Merrill Lynch Want Trainees' Overtime Suit Tossed

Law360, New York (April 2, 2015, 4:42 PM EDT) -- Merrill Lynch & Co. Inc. and its parent, Bank of America Corp., on Wednesday filed a motion to dismiss a proposed collective and class action in New York federal court alleging misclassification of employees as exempt from overtime, saying a nearly identical case was filed first.

In a memorandum supporting the motion to dismiss, the defendants said another lawsuit pending in California federal court — Litty v. Merrill Lynch & Co. Inc. — makes the same claims during the same time period and encompasses the same...
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