Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXAMPLES OF DEPARTMENT OF LABOR FINDINGS OF OVERTIME VIOLATION, IMPOSITION OF RETROACTIVE OVERTIME WAGES, AND IMPOSITION OF MONETARY PENALITIES AGAINST BANK OF AMERICA
BofA Location Time of DOL Invest. DOL Findings of FLSA Overtime Violations Number of Employees Affected BofA Agrees to Future Compliance DOL Imposes Payment of Retroactive Overtime Wages DOL Imposes Civil Monetary Penalty Due to Prior Investigations of FLSA Overtime Violations Unknown Unknown Unknown DOL Findings Factually Similar To Hutton v. Bank of America

Virginia (Richmond) Virginia (Lynchburg) Florida (Ft. Lauderdale) New Mexico

1993 1993 1996

8/26/978/26/99

Overtime violations Overtime Violations Exempt/ Nonexempt Misclassif. Violations Concluded: Failure to pay proper overtime

8 2 Unknown

Unknown Unknown Unknown

$32,379 $10,890 Unknown

Unknown Unknown Employees filed a private lawsuit/FLSA collective action *Misclassification of exempt status; *After Bank converted from exempt to nonexempt, not paid for all overtime hours worked *Post-conversion, nothing about the job changed other than status of exempt to nonexempt *When employer stopped authorizing overtime, but the work load was not decreased, employees worked off the clock in an attempt to keep up. *Employees working off the clock and did not receive overtime pay for those hours *Employees were told not to show more than 40 hrs *Employees were not paid working during lunch

Nationwide

Unknown

Concluded And Recommended Retroactive overtime wages for customer service managers nationwide

Recommended (Status unknown)

Florida

8/22/98 8/22/2000

Failure to Pay proper overtime

74

Yes-BofA Agrees to future compliance

$37,784.61

$3,700

Kansas

9/19/999/19/01

Failure to pay proper overtime

14

Yes-BofA agrees to future compliance

$5,118.84

$2,800

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EXAMPLES OF DEPARTMENT OF LABOR FINDINGS OF OVERTIME VIOLATION, IMPOSITION OF RETROACTIVE OVERTIME WAGES, AND IMPOSITION OF MONETARY PENALITIES AGAINST BANK OF AMERICA
New Mexico 1/10-/20012/16/2001 Failure to pay proper overtime; Refusal to comply 1 $442.50 *Employee stated that he was allowed to work overtime and was not paid for the hours. *Upon letter request for payment, the Bank refused to pay for the overtime hours worked.

North Carolina

3/20003/2002

Failure to pay proper overtime

314

Yes- BofA agrees to future compliance

67,466.43

Texas

5/29/015/30/03

Texas

6/10/20015/01/2002

Record keeping violation in overtime investigation Failure to pay proper overtime Failure to pay proper overtime

1

YesBofA agrees to future compliance YesBofA agrees to future compliance YesBofA agrees to future compliance

$0

Since BoA had given assurances to the DOL in June 2001 regarding future compliance of the overtime provisions of the FLSA and additional violations were found in this investigation, the DOL imposes a civil monetary penalty of $15,650 $0

Same time frame of private client manager law suits against the Bank, as well as of receipt of advice from Mr. Aubry that it was an open question as to whether the client manager position was exempt from overtime.

Unknown

1

$0

$0

Kansas

8/05/2002 8/01/2004

6

$4,651.69

$1,320

Employee complained that was pressured to work of the clock *Employees were encouraged to record only 40 hours *Employees worked varied amounts of uncompensated time

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EXAMPLES OF DEPARTMENT OF LABOR FINDINGS OF OVERTIME VIOLATION, IMPOSITION OF RETROACTIVE OVERTIME WAGES, AND IMPOSITION OF MONETARY PENALITIES AGAINST BANK OF AMERICA
Texas 6/22/20035/09/2004 Failure to pay proper overtime; Failure to keep accurate records Failure to pay proper overtime; Failure by employer Bank to record all hours worked Failure to pay proper overtime; Failure by the employer Bank to record all hours worked Failure to pay proper overtime; Failure by employer Bank to keep accurate records 1 YesBofA agrees to future compliance $1,683.15 This was a reinvestigation

Maryland

4/01/20033/31/2005

2

$2,424.99

New York

8/01/20036/22/2005

5

YesBofA agrees to future compliance

$12,824.28

Employer failed to record and pay for all hours worked.

Georgia

12/05/20042/05/2004

1

YesBofA agrees to future compliance

$1,053.18

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