A recent lawsuit claims that hourly employees at a major bank subservicer were not paid for all the work they performed, including time spent logging into essential computer systems before and after their scheduled shifts. The complaint was filed by Raquel Ayra in the United States District Court for the Northern District of Illinois on March 9, 2026, naming Servbank, SB Inc. as the defendant.
According to the filing, Ayra worked as a remote Loss Mitigation Analyst (LMA) from April 1, 2023 to February 19, 2026. She alleges that Servbank failed to compensate her and similarly situated employees for pre-shift bootup activities, post-shift shutdown procedures, and work performed during unpaid meal breaks. The lawsuit is brought as both a collective action under the Fair Labor Standards Act (FLSA) and a class action under Federal Rule of Civil Procedure 23 for violations of New York Labor Law (NYLL) and breach of contract or unjust enrichment.
The complaint outlines how LMAs are responsible for helping customers with home retention solutions using Servbank’s proprietary software platforms. These employees must log into multiple programs—including Teams, Outlook, MSP Director, SIME document portal, Clarifire, and Paylocity—before beginning their scheduled shifts. Ayra alleges that this process takes five to seven minutes daily but is not compensated because company policy requires all systems be ready at shift start.
Ayra further claims that LMAs are expected to process at least ten loans per day—a target she says often forces them to complete work off-the-clock either before clocking in or after clocking out. Additionally, she states that meal breaks are routinely interrupted by requirements to log back into systems or reboot computers due to automatic logouts caused by inactivity.
The complaint references U.S. Department of Labor guidance which considers such pre- and post-shift activities compensable under federal law: “An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions.” The suit argues this applies equally to LMAs who must perform similar tasks.
Ayra also alleges that Servbank failed to include non-discretionary bonuses in calculating overtime rates as required by law. For example, she cites an $800 quality assurance bonus received during one pay period which was not factored into her overtime rate calculation.
The legal filing details several causes of action: violation of FLSA overtime provisions; failure to pay minimum wage and overtime under NYLL; failure to provide proper annual wage notices; failure to supply accurate wage statements; unlawful wage deductions; breach of contract; and unjust enrichment. It claims these practices affected hundreds or potentially thousands of current and former LMAs nationwide.
The plaintiff seeks certification of both collective and class actions covering all similarly situated employees within relevant statutory periods. Remedies requested include unpaid wages, liquidated damages (double damages), statutory penalties under New York law (including up to $5,000 per worker for notice violations), attorneys’ fees and costs, declaratory relief stating that Servbank’s policies violated federal and state laws, as well as injunctive relief preventing future violations.
“Defendant’s unlawful conduct has been widespread, repeated, and consistent,” the complaint asserts. It requests court-supervised notice be sent out so other affected workers can join the case.
The case is being handled by attorney Charles R. Ash IV of Ash Law PLLC on behalf of Ayra and potential class members. The case number is 1:26-cv-02609.
Source: 126cv02609_Raquel_Ayra_v_Servbank_Complaint_Northern_District_of_Illinois.pdf
