Bank of America Unused Vacation Settlement

Only former CA, NY and IL staff qualify. November 23, 2026 is not a claim deadline - there is no claim form, no proof to submit and nothing to file, and letting that date pass costs you nothing. The Bank of America unused vacation settlement is a $4,280,000 automatic-payment settlement of Nguyen et al. v. Bank of America, N.A., No. 5:23-cv-04999-PCP (N.D. Cal.). The official settlement website puts it plainly: you don't have to do anything to participate and be eligible for an Individual Settlement Payment. It is a closed, records-based class that you cannot sign up for - Bank of America's own Workday and payroll records decide who is in it, and a mailed Notice is the practical sign that you are. Four limits rule out most people who will read about this case. You must be a former Bank of America employee, so current employees are not covered; you had to work in California, New York and/or Illinois, so work in the other 47 states is outside this class; you had to leave with a positive vacation balance as Workday computes it; and you must have received no payout at all for that accrued but unused vacation - and Bank of America contends it has always had processes in place to pay vacation out at separation, which makes that last filter the narrowest of the four. The class period starts on a different date in each state, thirteen years apart: September 28, 2013 for Illinois, September 28, 2017 for New York and September 28, 2019 for California, all running through September 1, 2026. An Illinois employee who left in 2014 is inside the period while a California employee who left in 2018 is outside it. This is not the Bank of America data breach case and not the ATM fee case - the Ernst & Young MOVEit data breach settlement and a closed Bank of America ATM fee settlement are unrelated matters with their own classes and deadlines. Payment here is a single check calculated from Bank of America's records, factoring in your accrued vacation, your rate of pay and the additional remedies and penalties available under California, Illinois or New York law - so there is no flat amount, no tier and nothing to elect, and two people with identical balances can be paid differently depending on their state. The $4.28 million is a gross figure: attorneys' fees of up to one-third (about $1,426,667), roughly $250,000 in litigation expenses, up to $10,000 in class representative awards, about $75,000 in administration costs and the employer's payroll taxes come out first, leaving roughly $2.5 million for the class. That $10,000 caps the class representative award alone - it is not a limit on what you can be paid, and the $250,000 and $75,000 figures likewise cap single line items rather than the settlement. What November 23, 2026 actually is: the deadline to opt out, to object, and to dispute your own payment estimate with the Adjustment Form - and a dispute filed without supporting documentation will be rejected, with the administrator holding sole, final, non-reviewable discretion. The one thing worth doing is making sure Analytics Consulting LLC has your current mailing address on the official settlement website, because the payment arrives as a mailed check and this class is made entirely of people who left the bank years ago. Nothing is paid in 2026: final approval is not until December 17, 2026, and no money moves until the judgment is final. Bank of America denies the allegations and the Court has made no ruling on the merits.

Do I Qualify?

You may be eligible if:

• NOVEMBER 23, 2026 IS NOT A CLAIM DEADLINE - there is no claim form, and doing nothing is how you get paid. That date is only for people who want to opt out, object, or dispute their own payment estimate
• You cannot sign up for this settlement - the class is a closed list built from Bank of America's own Workday and payroll records, and a mailed Notice is the practical sign that you are on it
• You must be a FORMER Bank of America employee. The class turns on what happened at separation from employment, so CURRENT BANK OF AMERICA EMPLOYEES ARE NOT IN THIS CLASS
• You worked for Bank of America in CALIFORNIA, NEW YORK AND/OR ILLINOIS. Bank of America is a nationwide bank, and work in any of the other 47 states is outside this class no matter how much unused vacation went unpaid
• You had a POSITIVE VACATION BALANCE at separation as Bank of America's Workday records compute it - the sum of vacation accrued in your year of separation plus any carried over from the prior year has to be greater than the vacation Workday recorded you as using that year
• You received NO PAYOUT AT ALL for that accrued but unused vacation when you left. This is the narrowest filter of the four: Bank of America denies wrongdoing and contends it has always had processes in place to pay accrued but unused vacation out at separation, so anyone whose final pay did include a vacation payout is outside this class
• THE CLASS PERIOD STARTS ON A DIFFERENT DATE IN EACH STATE, THIRTEEN YEARS APART - September 28, 2013 for Illinois, September 28, 2017 for New York and September 28, 2019 for California, all running through September 1, 2026. An Illinois employee who left in 2014 is inside the period while a California employee who left in 2018 is outside it
• THIS IS NOT THE BANK OF AMERICA DATA BREACH CASE OR THE ATM FEE CASE. The Ernst & Young MOVEit data breach settlement and a closed Bank of America ATM fee settlement are unrelated matters with their own classes, funds and deadlines. Being in one tells you nothing about this one
• Named Plaintiffs in the case are included to the extent they are not otherwise covered by the class definition
• You are NOT eligible if you validly opt out by November 23, 2026 - that gives up the payment entirely and keeps your right to pursue these claims against Bank of America yourself
• Unsure whether Bank of America's records put you in the class? Ask the administrator, Analytics Consulting LLC, at 866-983-3173 or UnusedVacationSettlement@noticeadministrator.com rather than assuming either way

There is no claim form, no proof to submit and nothing to document in order to be paid. Payment is automatic for every class member who does not opt out. Bank of America's own Workday and payroll records both establish class membership and calculate the payment, so there is nothing for you to establish about your accrued vacation, your rate of pay or your separation date - and no self-service route in for someone who was never sent a Notice. There is no notice ID to enter anywhere, because there is nothing to submit; your Notice is an information document that also states your own estimated payment. Documentation matters in exactly one situation, and there the rules are strict. If you believe the data behind your estimate is wrong, you can return the Adjustment Form that came with your Notice by November 23, 2026 - but the Notice is explicit that forms submitted without supporting documentation will be rejected, and that the Claims Administrator has sole and final, non-reviewable discretion to resolve the dispute. There is no appeal and no second look by the Court. If you intend to dispute your figure, gather your final pay statement, pay stubs or vacation balance records first. The one thing everyone should do is confirm their address. The payment arrives as a single mailed check sent to the same address as your Notice, and an undeliverable check is the most common way an automatic payment goes unpaid. This class is made entirely of people who left Bank of America - reaching as far back as 2013 in Illinois - so a large share of them have moved since. Update your address with Analytics Consulting LLC through the contact page at unusedvacationsettlement.com, or call 866-983-3173. If you never cash the check, a check not cashed within 120 days after the date on it is transferred to the unclaimed property fund of the state where you worked for Bank of America, so the money is not forfeited back to the bank - but recovering it from the state becomes your problem. A lost check can be replaced only if you request a replacement before the void date printed on the face of the original.

What Happened?

Former Bank of America employees sued the bank in the U.S. District Court for the Northern District of California, alleging that Bank of America failed to pay accrued, unused vacation to employees upon separation from employment and, as a result, violated California, New York and Illinois statutes as well as the employment contracts between the bank and those 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. The Court has made no ruling on the merits of the claims and no party has prevailed in the litigation. The settlement is not an admission of liability; both sides describe it as a compromise of disputed claims entered into to avoid the burden, expense and uncertainty of continued litigation.

The parties hired an experienced, neutral mediator and negotiated the settlement rather than continuing to litigate. Under it, Bank of America pays a Gross Settlement Amount of $4,280,000 into an account controlled by the Administrator, which it was required to fund no later than 15 business days after preliminary approval.

U.S. District Judge P. Casey Pitts granted preliminary approval on September 1, 2026, approved the class Notice and scheduled the Final Approval Hearing. Analytics Consulting LLC was appointed Administrator, opened the official settlement website at unusedvacationsettlement.com, and mailed the court-approved Notice to class members on October 8, 2026. Each Notice came with an Adjustment Form stating that person's estimated Individual Settlement Payment and the data behind it.

The case is Nguyen et al. v. Bank of America, N.A., Case No. 5:23-cv-04999-PCP, in the U.S. District Court for the Northern District of California. Class Counsel are George A. Hanson, Alexander T. Ricke and Caleb J. Wagner of Stueve Siegel Hanson LLP in Kansas City, Missouri.

The class is defined entirely by Bank of America's own records: individuals formerly employed by the bank during the Covered Period who worked in California, New York and/or Illinois, had a positive vacation balance at separation as computed from vacation accrued and carried over against vacation recorded in Workday as used, and received no payout for that accrued but unused vacation. The Covered Period runs from September 28, 2013 for Illinois, September 28, 2017 for New York and September 28, 2019 for California, each through September 1, 2026.

Separate and unrelated Bank of America matters share the bank's name and nothing else. The Ernst & Young MOVEit data breach settlement concerns personal information exposed through a third-party file transfer tool, with a different class, a different fund and its own claim process. A Bank of America ATM fee settlement is a consumer banking matter that has already closed. Neither tells you anything about membership in this wage and hour class.

The Final Approval Hearing is set for December 17, 2026 at 10:00 AM PT before Judge Pitts in Courtroom 8 of the federal courthouse at 280 South 1st Street, Room 2112, San Jose, California, where the Court will decide whether to grant final approval and how much of the gross settlement goes to Class Counsel, the Plaintiffs and the Administrator. The Court may reschedule the hearing. As of October 9, 2026 no final approval order had been entered, no payments had been issued and no payment date had been announced. If the Court declines final approval or final approval is reversed on appeal, the settlement is void, Bank of America pays nothing and class members release nothing.

How to File Your Claim

1. NO ACTION NEEDED TO BE PAID - there is no claim form, no claim deadline and nothing to submit. The official settlement website says it plainly: "You don't have to do anything to participate in the proposed Settlement and be eligible for an Individual Settlement Payment." Bank of America's Workday and payroll records identify the class members, and Analytics Consulting LLC mails a single check to every class member who does not opt out, if the Court grants final approval
2. NOVEMBER 23, 2026 IS NOT A CLAIM DEADLINE - it is three other deadlines at once: the deadline to opt out, the deadline to object, and the deadline to submit an Adjustment Form disputing the data behind your estimate. Let it pass and you are still paid. The only people who need to act by that date are those who want to LEAVE the settlement, CHALLENGE it, or DISPUTE their own payment figure. The deadline is 45 days after the October 8, 2026 Notice mailing and may be extended for someone who received a re-mailed notice
3. DO THIS INSTEAD: make sure Analytics Consulting LLC has your current mailing address. The payment arrives as a single mailed check sent to the same address as your Notice, so an out-of-date address is the most common way an automatic payment goes unpaid. This matters most for people who have moved since leaving Bank of America - which, in a class made entirely of former employees reaching back to 2013 in Illinois, is a lot of them. Use the contact page on the official settlement website
4. TO DISPUTE YOUR ESTIMATE: the Notice is accompanied by an Adjustment Form that states your estimated Individual Settlement Payment and shows the data underlying that calculation. If you believe the underlying data is incorrect, return the completed form WITH SUPPORTING DOCUMENTATION by November 23, 2026. The Notice is explicit that forms submitted without supporting documentation will be rejected, and that the Claims Administrator has sole and final, non-reviewable discretion to resolve the dispute - there is no appeal from that decision
5. TO OPT OUT: send a written, personally signed letter with your name, present address and telephone number and the statement "I opt out of the Bank of America vacation settlement" or words substantially similar, identifying the case as Nguyen et al. v. Bank of America, N.A. It must reach the Administrator by November 23, 2026, and you must make the request yourself - a request submitted by someone else on your behalf is not valid. Opting out means no payment at all
6. TO OBJECT: only class members who do not opt out can object. Send a written, signed objection to the Administrator by November 23, 2026 stating what you object to, why, and the facts supporting it, with your name, current address, telephone number and approximate dates of employment, identifying Nguyen et al. v. Bank of America, N.A., Case No. 5:23-cv-04999-PCP (N.D. Cal.). An objector stays in the settlement and is still paid if it is approved
7. Final approval hearing: December 17, 2026 at 10:00 AM PT before Judge P. Casey Pitts in Courtroom 8 of the U.S. District Court for the Northern District of California, 280 South 1st Street, Room 2112, San Jose, CA 95113. You can attend but do not have to. The Court may reschedule it
8. Settlement Administrator: Analytics Consulting LLC, reachable at 866-983-3173 or UnusedVacationSettlement@noticeadministrator.com. The official website is https://unusedvacationsettlement.com/, which carries the Notice, the case documents, the important dates and the class counsel information.
9. Visit the official claim form: https://unusedvacationsettlement.com/

How Much Will I Actually Get?

ONE PAYMENT, ONE METHOD OF CALCULATION - THERE IS NOTHING TO ELECT AND NO SECOND OPTION. Each participating class member receives a single Individual Settlement Payment by mailed check. There is no flat amount, no tier, no separate track for anyone who can document a loss, and no second payout path for you to pick. THE AMOUNT IS CALCULATED FROM BANK OF AMERICA'S OWN RECORDS. The allocation formula takes into account the individual amount of accrued vacation and the individual rate of pay according to Bank of America's records, plus the additional remedies and penalties available under the state laws of California, Illinois and New York. Because those three states attach different penalties to unpaid final wages, two people with identical unused vacation balances can be paid materially different amounts depending on which state they worked in. YOUR OWN NUMBER IS ON YOUR ADJUSTMENT FORM, AND IT IS AN ESTIMATE. The Notice states an estimated Individual Settlement Payment for each class member and warns in terms that the actual amount you may receive likely will be different and may increase or decrease based on a number of factors. The settlement publishes no average and no minimum payment, so there is no reliable typical figure to quote - the only number that applies to you is the one on your own form. THE $4,280,000 IS GROSS, NOT WHAT REACHES THE CLASS. The Gross Settlement Amount pays, before anything is distributed: attorneys' fees of up to one-third of the gross fund, which is about $1,426,667; approximately $250,000 for Class Counsel's litigation expenses; up to $10,000 as a Class Representative Award; approximately $75,000 to the Administrator for administering the settlement; and all taxes, inclusive of the employer's share of payroll taxes. Every one of those is a request the Court decides at the Final Approval Hearing, and the Court may award less than is asked. Subtract the requested amounts and roughly $2.5 million is left for the class before employer payroll taxes - arithmetic from the Notice's figures, not a number the settlement publishes. THE $10,000 FIGURE IS A CAP ON ONE LINE ITEM, NOT ON ANYTHING YOU RECEIVE. It limits the Class Representative Award paid to the named Plaintiffs for bringing the case, and the Notice says that award will be the only money Plaintiffs receive other than their own Individual Settlement Payment. In the same way, the approximately $250,000 figure applies only to litigation expenses and the approximately $75,000 figure only to administration costs. None of the three caps what Bank of America pays or what any class member can be paid. The only figure that bounds the settlement is the $4,280,000 Gross Settlement Amount. HOW IT IS TAXED: fifty percent of each Individual Settlement Payment is treated as wages, subject to payroll taxes and withholdings like any other paycheck, and reported on an IRS Form W-2. The remaining fifty percent is reported on an IRS Form 1099. How that applies to any particular person is a question for a tax professional, not for the administrator. WHEN YOU WOULD BE PAID - NOT IN 2026. No final approval order has been entered and no payment date has been set. The final approval hearing is December 17, 2026, and no payments are made until the Court grants final approval and the Judgment becomes final - which is the date the Court enters Judgment, or a later date if class members object or the Judgment is appealed. Bank of America funded the gross settlement within 15 business days after preliminary approval, but that money does not move to class members until the judgment is final. CASH THE CHECK WITHIN 120 DAYS. Each check carries a void date. A check not cashed within 120 days after the date on it is transferred to the unclaimed property fund of the state in which you worked for Bank of America, so the money is not forfeited back to the bank - but recovering it from the state then becomes your problem. A lost check can be replaced only if you request a replacement before the void date on the face of the original check; once it is void there is no way to get it reissued. THE SETTLEMENT CAN STILL COME APART: if the Court declines final approval, or final approval is reversed on appeal, the settlement is void - Bank of America pays nothing and class members release nothing.

Last reviewed: October 9, 2026 | Information verified from court records and official settlement documents.

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