Free Motion to Certify Class - District Court of Arizona - Arizona

Case 2:03-cv-02262-ROS Document 158-14 Filed 10/07/2005 Page 1 of 4

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L
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L Lydia A. Jones-017178
I ROGERS & THEOBALD LLP
L The Camelback Esplanade, Suite 850
2 L 2425 East Camelback Road
L Phoenix, Arizona 85016
3 L Telephone- (602) 852-5582
4 L layfcilrogerstheobald com
5 Attorneys for Plaintiffs
6 UNITED STATES DISTRICT COURT
7 ARIZONA DISTRICT
S KAYE HUTTON, as an individual and No. CV2003-2262-PHX-ROS
L representative of a class consisting of
9 others similarly situated, DECLARATION OF OPT-IN
I MARGARET MCCLINTIC
*0 L Pieinnn;
ll VS.
12 BANK or AMERICA, NA,
I3 L Defendant.
I4
1 5 l. I, Margaret McClintic, am over the age of 18 and I make this
L declaration based upon my personal knowledge, unless otherwise
l6 L stated.
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2. I am an opt-in plaintiff in this action and am seeking overtime
18 L compensation for th hours in excess of 40 that I worked on behalf of
19 · Bank of America from Oe·te’o‘eT'3l, 2001 through June 2005.
L QM-v ewiyaa/as
20 L
Q 3. From June 2001 through June 2005, I have worked as a Client Manager
21 L for Bank of America in Arizona.
22 L
73 ? 4. From June 2001 through June 2005, the Client Manager position
“ ’ remained the same; that of being responsible for selling Bank-identified
24 L products to Bank-identified existing and prospective customers.
25 L
‘ 5. As a Client Manager, I received training on how to sell the Bank’s
26 L products. My training included "sales role playing? The Bank also
Case 2:03-cv—O2262—ROS Document 158-14 Filed 10/O7/2005 Page 2 of 4

1 provided "sales scripts” to Client Managers as a tool for increasing the
r customer’s relationship with the Bank.
2 1
3 6. I 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 l 7. I have read plaintiff Kaye I-Iuttorfs, on behalf of herself and the opt—in
I plaintiffs, Objections and Responses to Defendanfs First Set of
7 [ interrogatories and First Request for Production of Documents, and
i based upon my experience as a client manager and my conversations
8 with other client managers, I agree and incorporate herein by reference
9 N Ms. Huttorfs Objections and Responses.
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8. I participated in weekly meetings led by my market managers
ll (including Grace Duval and Debbie Chandler) in which the client
12 manages were told not to record overtime hours worked in excess of
three (3) hours per week and instead to take "as much comp time as
jg necessa1‘y."
I4 i
1 9. During these weekly meetings, the market managers told the client
I5 l managers that despite the number of overtime hours worked, the
16 1 number of overtime hours recorded could not exceed three (3) hours
l per week.
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l8 IO. I was told, and other client managers were told in the weekly meetings
we all attended, that the reason for the discrepancy between hours
lg worked and the instructions regarding hours recorded was "budgetary
20 1 constraints?
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ll. Because of these instructions by my market manager not to record
22 overtime hours in excess of three (3), I attempted to record no more
I than 43 to 45 hours per week, even though I was working between 50-
23 60 hours per week
24
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25 I2. I was told thatl had to put in "as many hours as it took" to sell the
l Bank’s products and meet the Bank’s sales goals and targets.
26
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I . I3. I was also told that I would be expected to work additional hours and
I that I needed to produce sales above and beyond the sales goals set for
2 Z me by my market manager to compensate for the client managers who
were not meeting the Bank’s sales goals.
3 .
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
I sometimes publicly (in front 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.
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8 15. From March 2002 through December 2004 there was an inordinate
9 amount of pressure exerted by my market manager to work long hours,
I yet to record and submit to the Bank a timesheet reflecting no more
I0 I than 43 hours of time allegedly worked.
I
ll I
I2 I 16. I have been told by other client managers working for the Bank in
I Arizona during 2002, 2003, 2004, and 2005 that they were told by their
13 market managers not to record all of the overtime hours worked
I because of budgetary constraints.
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I5 l7 . I am aware that because of the mixed message sent by the market
I 6 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
lg I compared to their peers who, on paper, appeared to be getting the sales
19 I job done in less than 43 hours per week.
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2I I declare upon the penalty of perjury that the above statements are true.
I
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24 Margaret McClintic
I
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26 DATED this 29m day of August 2005
I
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