Perez

Perez v. Wells Fargo & Co.

Good Law
75 F. Supp. 3d 1184·2014 WL 6997618·24 Wage & Hour Cas.2d (BNA) 1653·2014 U.S. Dist. LEXIS 172304
United States District Court, Northern District of CaliforniaDecember 11, 2014No. C 14-0989 PJHCalifornia4,139 words

Opinion

Lead Opinion

Hamilton, J.

ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

Before the court is the motion of defendants Wells Fargo & Company, Wells Fargo Bank, N.A., WFC Holdings Corporation, Wachovia Corporation, and Wachovia Bank, N.A. (“Wells Fargo”) for judgment on the pleadings on the first two causes of action asserted in the complaint. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby GRANTS the motion as follows. .

BACKGROUND

This is a wage-and-hour case filed as a proposed class and . collective action. Plaintiffs assert claims under the Fair Labor Standards Act, 29 U.S.C. § 201 , et seq. (“FLSA”), the California Labor Code, California Business & Professions Code § 17200, California common law, and Texas and New York law. The original complaint was filed on March 3, 2014, and the first amended complaint (“FAC”) was filed on March 28, 2014.

The twelve named plaintiffs allege that they were employed by Wells Fargo as nonexempt employees in California (three plaintiffs), Texas (two plaintiffs), Florida (one plaintiff), New York (seven plaintiffs), New Jersey (one plaintiff, also one of the seven employed in New York). A…

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