Bank of America Vacation Lawsuit: $4.28 Million Settlement for Former Employees
Settlement — Claims Process
The Bank of America vacation lawsuit is the reason a court notice about “unused vacation” may have arrived in your mail. It covers former Bank of America employees in California, Illinois and New York who left with vacation on the books and were not paid for it. The bank agreed to pay $4.28 million. There is no claim form: if you are in the class, you get at least $200 automatically, but only after the judge gives final approval. The deadline to opt out, object or dispute your numbers is November 27, 2026.
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What the Lawsuit Says Happened
The lawsuit alleges that Bank of America did not pay out accrued, unused vacation when employees left the bank. California, Illinois and New York all treat earned vacation as wages that must be paid at separation — the released claims name California Labor Code § 227.3, New York Labor Law § 191 and 820 ILCS 115/5, plus breach of contract and the California Unfair Competition Law.
The complaint was filed on September 28, 2023 and originally invoked the laws of 43 states. The settlement covers only the three states above.
Bank of America denies the allegations and says it has always had processes to pay out unused vacation at separation. The court has not ruled on the merits.
Case details
Nguyen et al. v. Bank of America, N.A., No. 5:23-cv-04999-PCP, U.S. District Court for the Northern District of California (San Jose), before Judge P. Casey Pitts. The settlement administrator is Analytics Consulting LLC, and the official site is UnusedVacationSettlement.com, where the notice, the settlement agreement, the plan of allocation and the preliminary approval order are posted. Class counsel is Stueve Siegel Hanson LLP of Kansas City.
Status: Preliminarily Approved, No Claim Form, Deadline November 27
One date to be careful with: the schedule in the judge’s September 1 order lists November 23, 2026 as the last day. The notice and the official site say November 27, and the official site controls. If you plan to act, mail it by November 23, 2026 and both readings are covered.
No money has been paid out. If the judge refuses final approval, the deal is void and the case goes back to litigation. Our news report on the settlement has the background, and our Bank of America lawsuit overview covers the bank’s other cases.
Who Is in the Settlement Class
You are in the class if all three are true:
1. You formerly worked for Bank of America in California, New York and/or Illinois during the covered period.
2. You had a positive vacation balance when you left — vacation accrued in your last year plus any carryover was more than the vacation Workday shows you used that year.
3. You received no payout for accrued but unused vacation when you left.
Covered periods all end September 1, 2026 and start on different dates: California from September 28, 2019, New York from September 28, 2017, Illinois from September 28, 2013.
Current employees are not in the class, and neither is anyone who received any vacation payout at separation. The class list comes from Bank of America’s own payroll records, so the practical test is whether a notice with an Adjustment Form reached you. If you think you qualify and got nothing, contact the administrator before November 27, 2026.
How Much You Could Get
What comes off the $4.28 million first (the judge decides each amount at the December hearing): up to one-third for class counsel’s fees (about $1.43 million at the cap), about $250,000 in litigation expenses, up to $10,000 for each of the three class representatives, and about $75,000 for the administrator. If all are approved in full, somewhat less than $2.52 million is left before payroll taxes, by our arithmetic.
Taxes: half of each payment is treated as wages with withholding and a W-2; the other half is reported on a Form 1099. Checks not cashed within 120 days go to the unclaimed property fund of the state where you worked.
How cases like this one end
Our copy of the federal courts’ own case database covers 15,991 federal civil cases of this typeclosed in U.S. federal district courts between 2015 and 2026, 25.5% of them filed as class actions:
- 34.4% ended in a settlement recorded by the court. Another 18.1% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 34.4% and 52.5%.
- 8.4% were decided on a motion before any trial.
- 1 in 112 reached a trial (0.9%), after a median of 27.5 months.
- Median time from filing to the end of the case: 8.7 months.
- Only 365 of them (2.3%) record a money award at all; the median of those is $361,000.
These are base rates for this type of case — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Bank of America Vacation Lawsuit Timeline
September 28, 2023 — Lawsuit Filed
Former employees sue Bank of America in federal court in California over vacation that was allegedly never paid out at separation.
July 2025 — Class Certification Refused
Law360 reports that the judge refused to certify three proposed classes of former employees. The case continues.
January 20, 2026 — Mediation
The parties hold an all-day mediation session with a retired judge. It leads to a settlement.
July 22, 2026 — Settlement Filed
The parties file their joint settlement stipulation: $4.28 million for former employees in California, Illinois and New York.
September 1, 2026 — Preliminary Approval
Judge P. Casey Pitts grants preliminary approval and appoints Analytics Consulting LLC as administrator. The court’s schedule set October 8, 2026 for mailing notices.
November 27 and December 17, 2026 — Deadline and Hearing
November 27, 2026 is the deadline to opt out, object or send the Adjustment Form. The final approval hearing is December 17, 2026. Checks follow only after final approval.
Three Things to Watch For
Notices that promise money to former employees attract imitators. Check anything you receive against these:
Requests for your Social Security number or a fee
There is no claim form, and the class list and pay data come from Bank of America’s own records. Nobody needs your SSN, bank login or a “processing fee” to release your payment. The real administrator writes from UnusedVacationSettlement@noticeadministrator.com, P.O. Box 2004, Chanhassen, MN, phone (866) 983-3173.
Offers to opt you out or file for you
The notice says an opt-out must come from you personally; one sent by someone else is invalid. Opting out also means you get no payment. Anyone offering to “handle your vacation claim” for a cut is selling something that does not exist.
Look-alike settlement sites
Several notice and lead-generation sites cover this case. The only official one is UnusedVacationSettlement.com, run by Analytics Consulting LLC. Do not send an Adjustment Form or documents anywhere else.
Bank of America Vacation Settlement — Questions People Actually Ask
Short answers to the questions people ask most about this case.
Is the Bank of America unused vacation settlement letter real?
Yes, if it matches the official details: Nguyen et al. v. Bank of America, N.A., No. 5:23-cv-04999-PCP, Northern District of California, administered by Analytics Consulting LLC at UnusedVacationSettlement.com. The notice says itself that it is court-approved and not a lawyer’s solicitation. Bank of America has stated it will not retaliate against anyone for what they do in the settlement.
Who qualifies for the Bank of America vacation settlement?
Former employees who worked in California, New York and/or Illinois during the covered period, left with a positive vacation balance, and received no vacation payout at separation. The covered periods run to September 1, 2026, starting September 28, 2019 (California), September 28, 2017 (New York) and September 28, 2013 (Illinois).
How much will I get?
At least $200, plus a share of the remaining fund based on your unpaid vacation hours and hourly rate (California amounts are weighted by 1.4). Your estimate is on the Adjustment Form in your notice. Half is taxed as wages, half reported on a 1099.
Do I need to file a claim?
No. If you do nothing, you are a participating class member and are paid automatically after final approval. You only need to act if you want to opt out, object, or correct the data on your Adjustment Form — and a correction is rejected without supporting documents.
Is the deadline November 23 or November 27, 2026?
The official site and the mailed notice say November 27, 2026, 45 days after mailing, and that controls. The schedule in the judge’s September 1 order lists November 23, 2026. Mailing by November 23 is the safe choice. If your notice was re-mailed, your deadline may be later.
When will I get paid?
Not before final approval. The hearing is December 17, 2026. Under the settlement, checks are mailed within 20 days after the judgment becomes effective — the 35th day after judgment if no one appeals. If judgment is entered on December 17 and nobody appeals, that points to checks by about February 10, 2027 by our count. An appeal would push it back.
Why did I receive $500 from Bank of America?
Not from this settlement. As of October 21, 2026, nothing has been paid: final approval is still pending, and the checks will come from the settlement administrator, not from Bank of America. Bank of America has other settlements, listed on our Bank of America lawsuit overview; for a payment you cannot place, call the number on your own account statement.
Does Bank of America have a class action lawsuit?
Several. This one concerns former employees’ vacation pay; others involve customers, and they are collected on our Bank of America lawsuit overview. U.S. Bank is a different company — its cases are on our U.S. Bank class action page, and this settlement does not cover its employees.
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
This page is for general information only and is not legal advice. Lawsuit status, eligibility, and compensation can change. Settlement Insight is not a law firm and does not represent any party. Consult a licensed attorney about your specific situation.
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