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U.S. Court of Appeals for the Ninth Circuit

Case Status

Decided

Docket Number

08-15355

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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.

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