Split Panel Affirms $24M, Remands $73M For Stay In Wells Fargo Rest Break Suit

Mealey's (May 4, 2020, 2:37 PM EDT) -- PASADENA, Calif. — A split Ninth Circuit U.S. Court of Appeals panel on April 15 upheld more than $24 million in wage damages for a class of Wells Fargo Bank N.A. mortgage brokers after the employer stipulated to that amount for rest break violations but remanded the remaining $72.8 million awarded to the class for the district court to stay until the California Supreme Court issues a ruling in Ferra v. Loews Hollywood Hotel concerning the correct interpretation of the “regular rate of compensation” under California Labor Code Section 226.7(c) (Jacqueline F. Ibarra, et al. v. Wells Fargo Bank, N.A., No. 18-55626, 9th Cir., 2020 U.S. App. LEXIS 11891)....