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Employment Law
Fair Labor Standards Act
Wage and Hour

Terry P. Boyd, Ethel Joann Parks, Sonia Medina, Linda Zanko, and Victor Galaz, individually, and on behalf of others similarly situated v. Bank of America Corp., Landsafe Inc., Landsafe Appraisal Services Inc., and Does 1 through 10, inclusive

Published: Jan. 17, 2015 | Result Date: Nov. 18, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 8:13-cv-00561-DOC-JPR Settlement –  $5,800,000

Court

USDC Central


Attorneys

Plaintiff

Bryan J. Schwartz
(Bryan Schwartz Law PC)

Isabel M. Daniels

Benjamin Schonbrun
(Schonbrun DeSimone Seplow Harris & Hoffman LLP)

Aidan C. McGlaze
(Schonbrun, Seplow, Harris & Hoffman LLP)

Michael D. Seplow
(Schonbrun, Seplow, Harris & Hoffman LLP)

William C. Jhaveri-Weeks
(The Jhaveri-Weeks Firm PC)

Wilmer J. Harris
(Schonbrun Seplow Harris Hoffman & Zeldes)


Defendant

Michael D. Mandel
(McGuire Woods LLP)

Matthew C. Kane
(Baker & Hostetler LLP)

John A. Sullivan


Facts

Terry Boyd, Ethel Parks, Sonia Medina, Linda Zanko, and Victor Galaz filed a class and collective action against Bank of America Corp., LandSafe Inc., and LandSafe Appraisal Services Inc.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged overtime violations, itemized wage statement violations, meal and rest period violations, waiting time penalties, and civil penalties against defendants. Plaintiffs alleged these claims on behalf of certain appraisers employed by defendants. Plaintiffs argued that defendants wrongfully classified these appraisers as exempt.

DEFENDANTS' CONTENTIONS:
Defendant denied the allegations of plaintiff's claims and asserted various affirmative defenses.

Result

The parties agreed to a settlement of the claims of "Review Appraisers" only. The court then entered an order granting final approval of a partial class action settlement and approval of attorney fees and costs. Pursuant to the settlement, the defendants agreed to pay $5,800,000. The defendants also agreed to reclassify the Review Appraiser position as non-exempt.

Other Information

FILING DATE: April 9, 2013.


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