Wells Fargo Slams Lax FLSA Class Standards In 5th Circ.

Law360, New York (February 6, 2013, 6:22 PM EST) -- Wells Fargo on Monday slammed the two-stage class certification process used in Fair Labor Standards Act cases, urging the Fifth Circuit to require a showing that the case turns on a question that can be uniformly answered before class notification is authorized.

The bank is seeking a writ of mandamus to overturn a judge's decision granting conditional certification in a multidistrict litigation brought by home mortgage consultants who claim they were misclassified as exempt from the FLSA's overtime requirements.

In a response brief filed Monday in...
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