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BEDFORD CO. WOMAN SETTLES SUIT WITH BANK

Date: August 11, 2006
Byline: By Lindsey Nair, The Roanoke Times

Summary: A federal class action lawsuit against Bank of America has reached a confidential settlement.

The terms of the agreement were not revealed this week, but lawyers for both sides said their clients were satisfied with the results. Cynthia Diane Deel of Bedford County filed the lawsuit in early 2004. She said she had been denied overtime while she worked for the bank from 1977 until 2003.

Deel was an operations analyst at the Banking Control Center Review Department for Bank of America. Although she was hired as a salaried employee, she says she should not have been exempt from overtime pay.

In her job, Deel said, she had to travel extensively and ended up working more than 40 hours per week.

According to the lawsuit, the bank reclassified Deel's position as nonexempt after the same kind of litigation took place in California.

Several months after the lawsuit was filed, a judge approved it for class action. Twenty-four people from across the country joined Deel in her complaint.

Deel's attorney, John Fishwick of Roanoke, has not commented on whether any of the complainants are still working for Bank of America.

In an effort to avoid a trial, U.S. Magistrate Judge Waugh Crigler of the Charlottesville division of the courts ordered the case into mediation in early July.

The settlement will cover all 24 of Deel's co-complainants.

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