Former Wells Fargo Mortgage Consultant Files Suit Seeking Allegedly Unpaid Wages

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Wells Fargo Home Mortgage is on the receiving end of a proposed class and collective action wherein a former mortgage consultant claims the home loan division of Wells Fargo Bank failed to pay proper wages.

According to the lawsuit, the plaintiff, who was considered an inside sales employee, mostly worked from home and regularly put in more than 40 hours per week. She and other mortgage consultants, the case says, were paid a $2,000 monthly draw against their commissions that was based on a rate of $12 per hour, plus an additional $6 per hour for overtime hours.

The lawsuit claims the defendant’s wage violations were three-fold. First, Wells Fargo allegedly withheld from the plaintiff’s pay certain overhead expenses, such as the cost of mailings and advertising, even in weeks for which she did not incur such expenses. Second, the case says the defendant failed to properly instruct the plaintiff on how to record her hours by not informing her what exactly was considered compensable work time.

“As a result Plaintiff regularly did not record all hours worked, especially preliminary time, break time and postliminary time such as working in the evenings and on weekends or continuous work time not interrupted by breaks of greater than 20 minutes,” the complaint states, adding that the plaintiff was not paid for her unrecorded compensable hours.

Lastly, the lawsuit claims Wells Fargo miscalculated the plaintiff’s overtime rate when paying the commissions she earned during weeks in which she worked overtime hours. As a result, the case says, the plaintiff was underpaid for her overtime hours.