Wells Fargo Fights $97M Loss In Rest Break Suit At 9th Circ.

Law360 (November 7, 2019, 10:27 PM EST) -- Wells Fargo urged the Ninth Circuit on Thursday to throw out or reduce a $97.28 million damages award against the bank for underpaying a class of 4,481 California-based home mortgage consultants for rest breaks, arguing both that the workers received breaks and that the lower court miscalculated the award.  

During a hearing in Pasadena, Wells Fargo Bank NA’s counsel Theodore J. Boutrous Jr. of Gibson Dunn & Crutcher LLP argued that a rest break violation occurs only if workers were denied rest breaks. But in this case, the parties agree that the consultants were given 10-minute rest breaks and paid $12 during...

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