Case Updates
Ninth Circuit rules on overtime pay class action involving home mortgage consultants
July 07, 2009
The Ninth Circuit concluded that the district court erroneously certified the nationwide class of home mortgage consultants.
U.S. Chamber files amicus brief on the merits
June 13, 2008
NCLC argued that the district court erroneously certified a nationwide class of home mortgage consultants. The plaintiffs claim Wells Fargo Home Mortgage (WFHM) misclassified them as exempt from overtime pay requirements. In its brief, NCLC argued that class certification is inappropriate because a court will need to conduct individualized inquiries into each plaintiff’s employment situation. Also, NCLC argued that the district court erroneously permitted the employees’ claims to be styled as “opt out” claims under the California Competition Law in order to avoid the FLSA’s express “opt in” requirement, allowing the plaintiffs to circumvent the FLSA two-year statute of limitations.
The case was formerly known as Mevorah, et al. v. Wells Fargo Home Mortgage.
Review granted
February 19, 2008
U.S. Chamber files amicus brief urging Ninth Circuit to review overtime pay class action involving home mortgage consultants
November 13, 2007
Click here to view the Chamber’s brief.