Free Other Notice - District Court of Arizona - Arizona

Lydia A. Jones - 017173
I ROGERS & THEOBALD LLP
The Camelback Esplanade. Suite 850
2 2425 East Camelback Road
Phoenix, Arizona 85016
3 Telephone: (602) 852-5582
4 lai(¤)rogerstl1eoba1d.ergn
5 Attorneys for Plaintiffs
6 UNITED STATES DISTRICT COURT
7 ARIZONA DISTRICT
8 KAYE HUTTON, as an individual and No. CV2003~2262-PIIX-ROS
representative of a class consisting of
9 others similarly situated, DECLARATION OF OPT-[N
MARGARET MCCLIN TIC
10 Plaintiff;
ll vs.
12 BANK OF AMERICA, N.A.,
B Defendant.
14
15 1. I, Margaret MeClintic, am over the age of 13 and I make this
declaration based upon my personal knowledge, unless otherwise
16 stated.
17 l
2. I am an opt-in plaintiff in this action and am seeking overtime
18 compensation for the hours in excess of 40 that 1 worked on behalf of
Bank of America fi‘om.Detebe“ft3 1, 2001 through June 2005.
*9 ymvwiyagpa
20
3. From June 2001 through June 2005, I have worked as a Client Manager
21 for Bank of America in Arizona.
22
23 4. From June 2001 through Jtme 2005, the Client Manager position
remained the same; that of being responsible for selling Bank-identified
24 products to Bank- identilied existing and prospective customers.
25
5. As a Client Manager, I received training on how to sell the Bank’s
26 products. nmg iHCh].dBd MSHIBS role P13_yi_'[]g_” The QJSQ
Case 2:03—cv—02262—ROS Document 163-2 Filed 10/13/2005 Page 1 of 3

I provided "sa.les seripts" to Client Managers as a tool for increasing the
customer’s relationship with the Bank.
2
3 6. l am familiar with the term ‘°deepening the relationship" and
‘°increasing wallet share." As used by the Bank, these terms meant
4 increasing the sale of Bank products to Bank customers.
5
6 7. I have read plaintiff Kaye Huttorfs, on behalf ofherself and the opt—in
plaintiffs, Objections and Responses to Defendant’s First Set of
7 Interrogatories and First Request for Production of Documents, and
based upon my experience as a client manager and my conversations
S with other client managers, I agree and incorporate herein by reference
9 Ms. Hutton’s Objections and Responses.
10 _ _
8. I participated m weekly meetings led by my market managers
11 (including Grace Duval and Debbie Chandler) in which the client
I2 manages were told not to record overtime hours worked in excess of
three (3) horns per week and instead to take "“as much comp time as
13 necessary."
14
9. During these weekly meetings, the market managers told the client
I5 managers that despite the number of overtime hours worked, the
16 number of overtime hours recorded could. not exceed three (3) hours
per Week.
I7
18 li 0. I was told, and other client managers were told in the weekly meetings
we all attended, that the reason for the discrepancy between hours
19 worked and the instructions regarding hours recorded was "budgetary
20 constraints?
21 . .
I 1. Because of these mstructrons by my mar·ket manager not to record
22 overtime hours in excess of three (3), I attempted to record no more
than 43 to 45 hours per week, even though I was working between 50-
23 60 hours per week
24
25 12. I was told that I had to put in ‘°as many hours as it took" to sell the
Bank’s products and meet the Bank’s sales goals and targets.
26
Case 2:03—cv—02262—ROS Document 163-2 Filed 10/13/2005 Page 2 of 3

I I3. I was also told that I would be expected to work additional hours and
that 1 needed to produce sales above and beyond the sales goals set for
2 me by my market manager to compensate for t.l1e client managers who
were not meeting the Bank’s sales goals.
2
4 14. I am aware that my market managers knew that I was working 50-60
5 hours per week for the Bank because my market manager privately and
sometimes publicly (in dont of other client managers) commented on
6 my working late nights and putting in the hours at the office to get the
7 sales results the Bank wanted.
3 15. From March 2002 through December 2004 there was an inordinate
9 amount of pressure exerted by my market manager to work long hours,
yet to record and submit to the Bank a timesheet regtlecting no more
IU than 43 hours oftime allegedly worked.
ll
12 16. I have been told by other client managers working for the Bank in
Arizona din-ing 2002, 2003, 2004, and 2005 that they were told by their
1;:, market managers not to record all of the overtime hours worked
because ofbudgetary constraints.
14
I5 17. I am aware that because ofthe mixed message sent by the market
16 managers of “work as many hours as it takes to meet the sales goals,"
` but "don’t record the hours worked in excess of 43”` that many client
17 managers did not record all of their overtime hours worked for fear of
appearing disobedient; as well as for fear of appearing inefficient as
I-8 compared to their peers who, on paper, appeared to be getting the sales
19 ` job done in less than 43 hours per week.
20
21 I declare upon the penalty of perjury that the above statements are true.
22 I .
24 Margaret McCIintic
25
26 DATED this 29m day of August 2005
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