BofA Mortgage Brokers Denied Cert. In Row Over Withheld OT

Law360 (November 28, 2018, 7:49 PM EST) -- A California federal judge dealt a crushing blow Tuesday to Bank of America mortgage lenders alleging the finance giant's commission scheme illegally cost them overtime, denying motions to certify class and collective claims because they involve too much individual analysis.

U.S. District Judge Michael Fitzgerald said the workers missed the mark with allegations they were all affected by the same compensation plan, saying they stumbled on the key hurdle to winning a group overtime action: showing that BofA owed the proposed members extra money for their extra work.

"Plaintiffs fail to present clear evidence of any specific policy governing the employment...

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