The proposed $4,280,000 settlement covers former Bank of America employees who worked in California, New York or Illinois and had a positive vacation balance. Payments are calculated from each person's accrued vacation and rate of pay, and no claim form is needed; anyone who believes the underlying data is wrong can file an Adjustment Form with supporting documentation by November 23, 2026. The court has not yet given final approval.
Automatic
Benefit Summary
Eligible class members: available benefits include Estimated Individual Settlement Payment.
Payments come from the $4,280,000.00 settlement fund and may change after approved deductions.
Available Awards
Estimated Individual Settlement Payment
Who Is Included
Former Bank of America employees who worked in California, New York, or Illinois during the applicable covered period, had a positive vacation balance at separation, and did not receive a payout for accrued but unused vacation at separation. The covered periods are September 28, 2019 to September 1, 2026 for California; September 28, 2013 to September 1, 2026 for Illinois; and September 28, 2017 to September 1, 2026 for New York.
- Proof required: No supporting documents are required to receive the automatic Individual Settlement Payment. A completed Adjustment Form must include supporting documentation if you dispute the underlying data used to estimate your payment; forms without supporting documentation will be rejected.
Claim and Payment Information
- Instructions: No claim form is needed for the basic payment. If you believe the data used for your estimated payment is wrong, you may send the completed Adjustment Form and supporting documentation to the Claims Administrator.
Questions & Answers
Do I need to file a claim or send documents to receive a payment?
- No claim form is needed for the regular Individual Settlement Payment. If you remain in the settlement and do not opt out, the Administrator will mail you a check.
- The notice includes an Adjustment Form showing the data behind your estimated payment. If you think that data is wrong, you may send the completed form with supporting documents. An Adjustment Form without supporting documents will be rejected.
- The Adjustment Form deadline is November 23, 2026. The Claims Administrator has final, non-reviewable discretion to resolve the dispute.
How is my Individual Settlement Payment calculated?
- The payment formula uses Bank of America’s records of your accrued vacation and your rate of pay.
- It also considers remedies and penalties available under California, Illinois, and New York law. The amount printed on the Adjustment Form is only an estimate and may go up or down.
Why might my payment be less than the total settlement fund, and how is it taxed?
- The $4.28 million Gross Settlement is not all paid directly to class members. Court-approved attorney fees and expenses, service awards for the named plaintiffs, administration expenses, and taxes are paid from that amount first.
- The remaining Net Settlement is used for Individual Settlement Payments. Half of each individual payment is subject to normal payroll deductions and withholding and will be reported on a W-2. The other half will be reported on Form 1099.
What should I do when my check arrives, or if I lose it?
- Read the void date printed on the front of your check. The notice says that a check not cashed by its void date, or not negotiated within 120 days after its date, will be transferred to the unclaimed-property fund in the state where you worked for Bank of America.
- If you lose a check before cashing it, ask the Administrator for a replacement before the original check’s void date. The notice says a voided check cannot be recovered.
How do I opt out, and what changes if I do?
- To leave the settlement, send the Administrator a written, personally signed request by November 23, 2026. Include your name, current address, telephone number, and a clear statement that you opt out of the Bank of America vacation settlement. Identify the case as Nguyen et al. v. Bank of America, N.A.
- A valid opt-out means you will not receive an Individual Settlement Payment. It preserves your ability to personally pursue wage-and-hour claims related to the facts of this case. The notice says the deadline may be extended for someone who received a re-mailed notice.
What rights do I give up if I stay in the settlement?
- If you stay in the settlement, the release takes effect after the judgment is final and Bank of America has fully funded the Gross Settlement.
- You then cannot sue, continue suing, or participate in another lawsuit against Bank of America or related entities over claims based on the facts alleged in this case that are covered by the settlement. The detailed release differs by state and covers the applicable Covered Period.
Can I object to the settlement, and do I have to attend the hearing?
- Only class members who do not opt out may object. Send a written objection to the Administrator by November 23, 2026.
- State what you object to, why, and the supporting facts. Include the case name and number, your name, current address, telephone number, approximate employment dates, and your signature.
- You may attend the Final Approval Hearing on December 17, 2026 at 10:00 AM PT, but attendance is not required.
Other Important Dates
- Exclusion deadline: 2026-11-23
- Objection deadline: 2026-11-23
- Final approval hearing: December 17, 2026, at 10:00 AM PT
- Hearing location: Courtroom 8 of the United States District Court for the Northern District of California, San Jose, 280 South 1st Street, Room 2112, San Jose, CA 95113
Case Details
- Total settlement fund: $4,280,000.00
- Case name: Nguyen et al. v. Bank of America, N.A.
- Case number: 5:23-cv-04999-PCP
- Court: United States District Court for the Northern District of California
- Administrator: Analytics Consulting LLC
- Official Settlement Website: https://www.UnusedVacationSettlement.com
Sources
Official Settlement Website
Claim form, FAQ, deadlines, administrator information
Visit Site →Claim form, FAQ, deadlines, administrator information
Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
Open PDF →Court-approved notice describing eligibility and benefits