Wells Fargo Must Accept OT Class Action OK’d By Arbitrator

Braden Campbell, Law360 – July 31, 2018

A New York federal judge on Tuesday rejected Wells Fargo Advisors LLC’s challenge to an arbitrator’s decision letting workers pursue class arbitration of their unpaid overtime claims, calling the company out for trying to escape the same binding proceedings it imposes on its employees.

U.S. District Judge Valerie Caproni refused to vacate an arbitrator’s findings that language in two workers’ contracts with Wells Fargo lets them bring their claims on behalf of a class, saying the decision doesn’t fit into the narrow range of circumstances that open arbitration rulings up to court review.

The case is Wells Fargo Advisors LLC v. Sappington et al., case number 1:16-cv-08956, in the U.S. District Court for the Southern District of New York.

The workers are represented by Justin Swartz and Paul Mollica of Outten & Golden LLP, and Gregg Shavitz and Paolo Meireles of Shavitz Law Group PA.

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