Bank of America Wage Class Action Meets Doubtful 9th Cir. Panel

A former Bank of America call center worker’s bid to revive a 5,000-member overtime class action was met with apparent skepticism from a federal appeals court in Pasadena during oral argument Thursday.

A majority of a U.S. Court of Appeals for the Ninth Circuit panel expressed concern that as much as 40% of the proposed class wasn’t affected by the bank’s allegedly unlawful overtime policy at issue.

Ex-employee Cindy Castillo is challenging a district court order that denied class certification of her overtime claim. A federal trial court judge said Castillo failed to show common class-wide questions predominate over those ...