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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!