New York, NY: A proposed unpaid overtime class action lawsuit has been filed in California against Merrill Lynch by employees who allege they are owed overtime for work performed during a financial adviser training program. According to the complaint, any Merrill Lynch trainee who began working for the company in August 2011 can opt in to the suit.
Plaintiffs Celeste Orozco and Derrick Chambers claim they regularly worked in excess of 60 hours a week while in the Merrill Lynch trainee program but were regularly denied overtime. Further, they allege Merrill Lynch refused to properly record the hours the trainees worked.
"Defendants have encouraged and required training-stage trainees to work more than 40 hours per workweek, but have not compensated them for all of their hours worked,"the complaint states.
The complaint alleges both Merrill Lynch and its parent, Bank of America Corp, engaged in a nationwide practice of forcing trainees to work long hours and refusing to pay overtime.
According to the lawsuit, the plaintiffs are not exempt from overtime pay under federal law, therefore, they are suing as a putative collective under the Fair Labor Standards Act. The complaint proposes two classes, with Orozco hoping to lead a class of Merrill Lynch workers in California and with Chambers proposing a class of workers under New York law.
Plaintiffs Orozco and Chambers left the program within months of beginning it, according to the complaint. Chambers claims he regularly worked 80 hours a week or more during his seven months in the program.
The plaintiffs are represented by Jahan C. Sagafi and Katrina L. Eiland of Outten & Golden LLP.
The suit is Orozco et al. v. Merrill Lynch & Co. Inc. et al., case number 2:15-cv-02213, in the U.S. District Court for the Central District of California.
