MARTIGNAGO, et al. vs. MERRILL LYNCH & CO. INC., et al.

Welcome to the Merrill Lynch CA Overtime Case Website

If you worked as a Client Associate for Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Incorporated, and/or Bank of America Corporation you may be entitled to a payment from a collective action lawsuit settlement.

The purpose of this website is to inform you of your rights as they may be affected by a lawsuit if you were employed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith, Incorporated, and/or Bank of America Corporation (collectively “Defendants”) as a Client Associate (“CA”) nationwide between January 1, 2010, and December 31, 2012, with the exception of CAs who worked for Defendants in California between February 1, 2008, and December 31, 2012; in New York between February 1, 2006, and December 31, 2012; in Washington between February 1, 2009, and December 31, 2012; or in Maryland between February 1, 2009, and December 31, 2012. CAs who worked for Defendants in those states during those time periods are covered under different settlement terms.

Current and former employees who worked as CAs have filed a lawsuit against Defendants alleging that Defendants failed to pay them properly for all overtime hours they worked. The CAs filed the lawsuit as a nationwide collective action under the Fair Labor Standards Act (“FLSA”) and as class actions under the state laws of California, New York, Washington and Maryland. Defendants deny these allegations, and maintain that CAs were properly compensated at all times.

To avoid the burden, expense, inconvenience, and uncertainty of continued litigation, the parties have concluded that it is in their respective best interests to resolve and settle the lawsuit by entering into a Settlement Agreement. Accordingly, the employees who filed the lawsuit and Defendants have agreed to a comprehensive settlement, subject to final Court approval. Defendants have agreed to deposit $12,000,000 into a fund that will be used to pay current and former employees who worked as CAs during the time period covered by the Settlement, as well as to pay attorneys’ fees, service awards, litigation costs, and the expenses of administering the Settlement.

Neither Class Counsel nor Defendants make any representations concerning tax consequences of this Settlement or participation in it, and you are advised to seek your own personal tax advice prior to acting in response to this Notice.

Your legal rights will be affected. You have a choice to make now as explained on this website, which provides information about this case and provides the option to file your FLSA Opt-In Statement electronically or download a copy of the form to complete and mail to the Settlement Administrator.

This site provides the following information:

Important Dates and Deadlines
File FLSA Opt-In Statement Online
Class Notices
Court Documents
Frequently Asked Questions