Wells Fargo Bank N.A. must face a certified class of home mortgage consultants challenging the
company’s expense reimbursement and payment of commissions, the Ninth Circuit affirmed June
13.
The lower court didn’t commit clear error in finding the claims are amenable to class treatment, the
court said in an unpublished opinion.
The class comprises over 2,000 consultants.
Huy Nguyen alleged Wells Fargo had a policy of not reimbursing consultants for certain marketing
programs in violation of California law. It also pays incentive pay to consultants once a month,
even though California law requires commissions to be paid twice a month.
Judges Michael Daly Hawkins, Milan D. Smith Jr., and Barbara M.G. Lynn, sitting by designation
from the U.S. District Court for the Northern District of Texas, served on the panel.
Leonard Carder LLP and the Wynne Law Firm represented the workers.
Sheppard Mullin Richter & Hampton LLP represented Wells Fargo.
The case is Nguyen v. Wells Fargo Bank, N.A. , 2019 BL 218339, 9th Cir., No. 17-17510,
unpublished 6/13/19.
Reproduced with permission. Published 6/14/19. Copyright 2020 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bloombergindustry.com>