Automatic Payment: Bank of America Unused Vacation Settlement

What happened

Class period: California: September 28, 2019 through September 1, 2026. Illinois and New York: see the FAQ page for dates.

• The lawsuit claims Bank of America failed to pay accrued, unused vacation to employees when they left the company
• Plaintiffs claim this violated California, New York, and Illinois laws, as well as contracts with these employees
• Bank of America denies any wrongdoing and says it has always had processes in place to pay out unused vacation at separation
• The parties settled with help from a neutral mediator, and Bank of America agreed to pay $4,280,000
• The settlement covers former employees in California, New York, and Illinois who left with a positive vacation balance and got no payout
• The case is Nguyen et al. v. Bank of America, N.A., Case No. 5:23-cv-04999-PCP, U.S. District Court for the Northern District of California

What you can get

Key dates

Who may qualify

• You formerly worked for Bank of America in California, New York, and/or Illinois during the Covered Period
• You had a positive vacation balance when you left, meaning vacation accrued in your last year plus any carryover was more than the vacation recorded as used in Workday that year
• You did not receive any payout for accrued but unused vacation when you left
• Named Plaintiffs are also included

How to file

1. No claim form is needed; if you do not opt out, a check will be mailed to you automatically
2. Review the Adjustment Form sent with your Notice, which estimates your payment and shows the data used
3. If you believe the data is wrong, submit the Adjustment Form by November 27, 2026
4. Keep your mailing address up to date with the Settlement Administrator

Proof required

• No proof is needed to receive a payment
• Eligibility is based on vacation records in Bank of America's Workday system
• If you think your data is wrong, submit the Adjustment Form by November 27, 2026

Payment timing

The Administrator will mail one check to each Participating Class Member at the same address as the Notice. Payment depends on the Court granting final approval. Check the settlement website for updates.

Important links

• Official website
• Important dates
• FAQs
• Documents

Contact

Extra details

• Deductions from the $4,280,000 fund, if approved, include up to one-third for attorneys' fees, about $250,000 in litigation expenses, up to $10,000 for the Class Representative, about $75,000 for administration, and taxes including the employer's share of payroll taxes
• Your check goes to the same address as your Notice, so tell the Administrator right away if you move
• To opt out, send a signed letter with your name, address, phone number, the case name (Nguyen et al. v. Bank of America, N.A.), and the words "I opt out of the Bank of America vacation settlement," by November 27, 2026
• You must make the opt-out request yourself; requests made by someone else are not valid
• Only people who do not opt out can object; send written objections to the Administrator by November 27, 2026
• Deadlines may be extended if you received a re-mailed notice
• The Final Approval Hearing is December 17, 2026 at 10:00 a.m. PT in Courtroom 8, U.S. District Court, 280 South 1st Street, Room 2112, San Jose, CA 95113; it may be rescheduled
• Watch for scams: use only the official settlement website

FAQ

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