Kelly Bolding and Michael Manfredi v. Banner Bank
United States District Court Western District of Washington at Seattle No. 2:17-cv-00601-RSL
The Blankenship Law Firm filed a Class Action Complaint on April 17, 2017 against Banner Bank with claims based on alleged violations of the federal Fair Labor Standards Act (FLSA), 29 U.S.C. §201, et seq.; Washington State Wage Statutes, including RCW 46.49 et seq., 49.48 et seq., and 49.52 et seq., California Labor Code §510 et seq., §204 et seq., §226 et seq., §1174 et seq., and §1194 et seq.; Cal. Code Regs., Title 8 §11040, Cal. Bus. & Prof. Code §17200, and Industrial Welfare Commission (IWC) Wage Order No. 4; Oregon Revised Statutes §652 et seq., and §653 et seq., and Oregon Administrative Rules, 839-020 et seq.; Utah Code Annotated, §34-28 et seq., U.C.A. §34-40 et seq., and Utah Administrative Code, Title R610 et seq.; and Idaho Code §44-1501 et seq., I.C. §45-601 et seq.
The class of pay non-exempt Residential Lenders (Loan Officers) seeks to recover unpaid wages for off the clock work including but not limited to answering emails and phone calls before and after working hours, attending open houses, and generally being required to work over 40 hours but being told by managers not to record any overtime hours. Additionally, the class brings claims based on the miscalculation of overtime payments using base pay only rather than including commissions earned into overtime calculations.
April 17, 2017: Class Action Complaint filed.
Am I a member of this class?
While the Court has not yet certified the class, a class member consists of any pay-nonexempt employee of Banner Bank or any institutions acquired by Banner Bank within the statutory periods (such as AmericanWest Bank), who worked in the capacity of a Loan Officer, Residential Lender, or other mortgage loan officer employee. To participate in this lawsuit with regards to the federal Fair Labor Standards Act claims, you must opt-in.
What do I need to do to participate in the lawsuit?
If you believe you qualify as a member of the class, you will need to complete and return to us an opt-in form to participate in this lawsuit with regards to federal claims. The form can be submitted to our law firm by uploading it here or by faxing the completed form to our office at 206-343-2704. Once we receive the form, our staff will file it with the Court.
For state claims, you will automatically be considered a party to this class action in your respective state and once a settlement has been reached or a judgment has been entered, you will receive a claim form and more information about how to collect your portion of the settlement or judgment.
Who represents me in this lawsuit?
You are represented by the attorneys at The Blankenship Law Firm, including lead attorney Scott Blankenship and associates Robin Shishido and Jordan Taren. All communication regarding this action should go through our firm as your attorneys. Please direct any further questions or comments to us through our Contact Us page and use the subject line: Banner Bank.
Additionally, you as a class member, are represented by your class representatives, Kelly Bolding (WA) and Michael Manfredi (CA). They are working closely with The Blankenship Law Firm on your case.
Will it cost me anything to participate in this class action lawsuit?
No! There are no out-of-pocket costs for class members related to this lawsuit. Regardless of the outcome of the class action, you as a class member will never be responsible for paying any of class counsel’s costs or attorney’s fees; in other words, it is completely free for you to participate and in the event of a positive outcome, meaning a settlement or judgement, you will receive information on how to claim your portion of the money awarded.
Can my employer take any negative action against me as a result of my participation in this class action lawsuit?
It is illegal for your employer to take any negative action against you for your participation in a class action. You can participate in this lawsuit without fear of losing your job, receiving a demotion, or suffering from any other adverse action from your employer.
If you feel that you are being pressured not to opt-in or participate in this lawsuit for fear of retaliation or other negative treatment, please contact us immediately. We will work with you as class counsel to ensure your rights are fully protected and that you can fairly and justly pursue your claims to the full extent allowed by the law.