In Re Wells Fargo Home Mortg. Overtime Pay Litig.

MEMORANDUM & ORDER

Re: Nationwide Plaintiffs’ Motion to Certify a Class and Collective Action

This multidistrict litigation arises from three putative collective actions and one putative class action against defendant Wells Fargo Home Mortgage (“defendant” or “Wells Fargo”) on behalf of defendant’s Home Mortgage Consultants (“HMCs”). Now before the court is the nationwide plaintiffs’ motion for class certification pursuant to Federal Rule of Civil Procedure 23, and for collective action certification pursuant to the Fair Labor Standards Act (“FLSA”). After considering the parties’ arguments and submissions and for the reasons set forth below, the court rules as follows.

BACKGROUND

Plaintiffs in this MDL proceeding are current and former HMCs employed by Wells Fargo from February 2001 to the present. The nationwide plaintiffs seek certification of two classes. First, plaintiffs seek to certify a class of Home Mortgage Consultants who worked nationwide, but not in California, pursuant to Federal Rule of Civil Procedure 23 to pursue claims for restitution under California’s Unfair Competition Law, Cal. Bus. & Prof. Code sections 17200 et seq. (“UCL”). Second, plaintiffs seek to…