Santander Loses Bid To Dismiss Or Arbitrate Wage, OT Suit

Law360, Los Angeles (April 4, 2016, 9:28 PM EDT) -- A New Jersey federal judge on Monday rejected Banco Santander’s efforts to compel arbitration or dismiss a putative collective action alleging the bank stiffed mortgage loan officers on their minimum wage and overtime pay, saying an employment agreement with the arbitration clause was “ambiguous.”

As a result, U.S. District Judge Madeline Cox Arleo denied the Spain-based banking company’s motion to compel individualized arbitration and to stay or dismiss the action, but without prejudice.

“Because defendants supplied plaintiffs with the [Mortgage Development Officer Agreement], any ambiguous language is construed against them as drafters of the contract,” Judge Arleo wrote.

Loan officers Donna...

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