California Federal Judge Grants Wells Fargo Employees Class Certification in Expense Reimbursement Suit
From the Desk of Jim Eccleston at Eccleston Law LLC:
A federal judge in the U.S. District Court for the Northern District of California has asserted that he will grant certification to a class of more than 2,100 Wells Fargo home mortgage consultants and private mortgage bankers who allegedly were not reimbursed by the firm for business expenses in violation of the California Labor Code.
The class certification by the federal judge stems from a lawsuit filed by the named plaintiff in this case. In the original lawsuit against Wells Fargo, the plaintiff argued that as a mortgage consultant he was encouraged to use Wells Fargo’s marketing tools, including his own Wells Fargo website and the company’s email program. Even though the plaintiff was encouraged to use Wells Fargo’s marketing tools, the employee had to pay for them on his own and was never reimbursed for the expenses he incurred.
When it was determined that Wells Fargo failed to reimburse business expenses to many other mortgage consultants and bankers, the lead plaintiff filed a motion for class-action certification. However, counsel for Wells Fargo argued that the marketing tools were too individualized for a class claim.
At the conclusion of the motion hearing, the judge certified the class, but pointed out that certain contracts might be trimmed at the summary judgment phase.
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