California-based Wells Fargo loan officers recently filed suit alleging that they were improperly compensated (Kang v. Wells Fargo Bank). The lawsuit could now have even greater implications as the plaintiffs have been granted class certification by the California court.
The issue in the case is to determine whether state was violated when Wells Fargo allegedly conducted “clawbacks” of hourly wages, vacation and separation pay from earned sales commissions. Allegedly, Wells Fargo made a practice of compensating its mortgage sales force using advances on their commissions at a basic rate of around $12/hour, then “clawback” the hourly pay from commissions and vacation pay as they were earned.
James C. Kang, plaintiff in the case, claimed that the clawbacks were in violation of a number of state labor laws that related to employee compensation, including: overtime pay, minimum wage requirements, and vacation pay requirements because they left members of the sales force affected by the practice unpaid for tasks they were required to fulfill by the company that were unrelated to direct sales. Kang also alleged in court documents that members of the sales force who were promised vacation pay did not actually receive it due to the clawbacks.
The bank claims that the pay structure used to compensate home mortgage consultants is compliant with California wage and hour laws, including paying for all hours worked and that the compensation structure allows mortgage workers to earn a competitive, performance-based wage.
Since Well Fargo implemented a mandatory arbitration provision for its sales force on December 11, 2015, the judge ordered those hired or rehired after that date to be excluded from class certification. All other nonexempt employees of Wells Fargo as of October 27, 2013 working as home mortgage consultants or private mortgage bankers, junior HMCs or junior PMBs are part of the class. A subclass is included in the class certification for individuals who were terminated from their employment.
If you have questions about overtime or minimum wage requirements in California, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.