Frequently Asked Questions

No, you are not being sued.

In this lawsuit, Plaintiffs allege that Bank of America failed to pay accrued, unused vacation to employees upon separation from employment with Bank of America and, as a result, violated California, New York, and Illinois statutes as well as contracts between Bank of America and these employees.

Bank of America denies that it did anything wrong and contends that it has always had processes in place to ensure that accrued but unused vacation is paid out at separation. However, to avoid the burden, expense, and uncertainty of continuing litigation, the Parties have agreed to this settlement. The Court has not made any ruling on the merits of the Plaintiffs’ claims, and no party has prevailed in this Litigation.

The Settlement Class is defined as:

“All individuals formerly employed by Bank of America during the Covered Period who: (1) worked in California, New York, and/or Illinois; (2) had a positive vacation balance at the time of separation from employment (defined as a scenario where the sum of vacation accrued in the year of separation plus vacation carried over from the prior year (if any), was greater than the amount of vacation recorded in Workday as used by the employee in the year of separation); and (3) who did not receive any payout for accrued but unused vacation at separation of employment; or any Named Plaintiff to the extent otherwise not included.”

The “Covered Period” under the Settlement is:  for California Putative Class Members, September 28, 2019, through September 1, 2026; for Illinois Putative Class Members; September 28, 2013, through September 1, 2026; and for New York Putative Class Members, September 28, 2017, through September 1, 2026.

Plaintiffs and Bank of America hired an experienced, neutral mediator in an effort to resolve the Litigation by negotiating an end to the case by agreement (settle the case) rather than continuing the expensive and time-consuming process of litigation.  The negotiations were successful.  By signing a lengthy written settlement agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Litigation and enforcing the Agreement, Plaintiffs and Bank of America have negotiated a proposed Settlement that is subject to the Court’s Final Approval.  Both sides agree the proposed Settlement is a compromise of disputed claims.  By agreeing to settle, Bank of America does not admit any violations or concede the merit of any claims.

Plaintiffs and Class Counsel strongly believe the Settlement is a good result for you because they believe that: (1) Bank of America has agreed to pay a fair, reasonable, and adequate amount considering the strength of the claims and the risks and uncertainties of continued litigation; and (2) Settlement is in the best interests of the Class Members. The Court preliminarily approved the proposed Settlement as fair, reasonable, and adequate, authorized the Notice, and scheduled a hearing to determine Final Approval.

Bank of America Will Pay $4,280,000.00 as the Gross Settlement Amount (Gross Settlement).  Bank of America has agreed to deposit the Gross Settlement into an account controlled by the Administrator of the Settlement.  The Administrator will use the Gross Settlement to pay the Individual Settlement Payments, Class Representative Service Payments, Class Counsel’s attorney’s fees and expenses, all taxes (inclusive of the employer’s share of payroll taxes), and the Administrator’s expenses.  Bank of America will fund the Gross Settlement not later than 15 business days after Preliminary Approval has been granted.  The Judgment will be final on the date the Court enters Judgment, or a later date if Participating Class Members object to the proposed Settlement or the Judgment is appealed.

Court Approved Deductions from Gross Settlement.  At the Final Approval Hearing, Named Plaintiffs and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement, the amounts of which will be decided by the Court at the Final Approval Hearing:

Up to one-third (1/3) of the Gross Settlement to Class Counsel for attorneys’ fees and approximately $250,000 for their litigation expenses.  To date, Class Counsel have worked and incurred expenses on the Litigation without payment.

Up to $10,000.00 as a Class Representative Award for filing the Litigation, working with Class Counsel, and representing the Class.  A Class Representative Award will be the only monies Plaintiffs will receive other than Plaintiffs’ Individual Settlement Payment.

Approximately $75,000 to the Administrator for services administering the Settlement.

Participating Class Members have the right to object to any of these deductions.  The Court will consider all objections.

After the Judgment is final and Bank of America has fully funded the Gross Settlement, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement.  This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Bank of America or related entities for claims based on the facts as alleged in the Litigation and resolved by this Settlement.  A complete description of the claims being released by this settlement is provided in the Summary of Released Claims, viewable here.

The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) with the Individual Settlement Payment.

Your check will be sent to the same address as the Notice. If you change your address, be sure to notify the Administrator as soon as possible.

Class Counsel:
George A. Hanson
Alexander T. Ricke
Caleb J. Wagner
Stueve Siegel Hanson LLP
460 Nichols Road, Suite 200
Kansas City, Missouri, 64112
Telephone: 816-714-7100
Facsimile: (816) 714-7101
hanson@stuevesiegel.com
ricke@stuevesiegel.com
wagner@stuevesiegel.com

Submit a written and signed letter with your name, present address, telephone number, and the words “I opt out of the Bank of America vacation settlement” or words substantially similar thereto.  The Administrator will exclude you based on any writing communicating your request to be excluded.  Be sure to personally sign your request, identify the Litigation as Nguyen et al. v. Bank of America, N.A., and include your identifying information (full name, address, telephone number).  You must make the request yourself.  If someone else makes the request for you, it will not be valid.  The Administrator must be sent your request to be excluded by November 23, 2026 (forty-five (45) days after the date the Notice was mailed), or it will be invalid.  This deadline may be extended if you received a re-mailed notice.  The Administrator’s contact information can be found here.

Only Participating Class Members have the right to object to the Settlement.  In advance of the Final Approval Hearing, Plaintiffs will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why the proposed Settlement is fair, and (2) a Motion for Fees, Litigation Expenses, and Service Awards stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as a Class Representative Service Award.  You can also view these materials here.

A Participating Class Member who disagrees with any aspect of Settlement may object.  The deadline for sending written objections to the Administrator is November 23, 2026 (forty-five (45) days after the date the Notice was mailed).  This deadline may be extended if you received a re-mailed notice.  Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection.  Make sure you identify the Litigation, Nguyen et al v. Bank of America, N.A., Case No. 5:23-cv-04999-PCP (N.D. Cal.) and include your name, current address, telephone number, and approximate dates of employment and sign the objection.  The Administrator’s contact information can be found here.

You can, but don’t have to, attend the Final Approval Hearing on December 17, 2026, at 10:00 AM PT in Courtroom 8 of the United States District Court for the Northern District of California, San Jose, located at 280 South 1st Street, Room 2112, San Jose, CA 95113.  At the Hearing, the judge will decide whether to grant Final Approval of the Settlement and how much of the Gross Settlement will be paid to Class Counsel, Plaintiffs, and the Administrator.  You can attend (or hire a lawyer to attend).

It’s possible the Court will reschedule the Final Approval Hearing.  You should check this website beforehand or contact Class Counsel to verify the date and time of the Final Approval Hearing.

You may email the Administrator at UnusedVacationSettlement@noticeadministrator.com, or call at 866-983-3173.