Facts

Rose Griffith worked as loan processor for Wells Fargo Bank NA. She filed a putative class action against Wells Fargo on behalf of herself and all similarly situated persons who worked as loan processors between April 11, 2008 and 2012. Griffith filed a motion to conditionally certify a class.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Wells Fargo violated the Fair Labor Standards Act by following a pattern or practice of requiring loan processors to perform "off the clock" work, by failing to pay for overtime, and failing to keep accurate records of hours worked by them. Griffith also argued that certification was proper because the time-keeping software used by Defendant did not allow employees to input their real work schedule, the employees' work load was too high to be finished within 40 hours, and Wells Fargo did not include overtime when calculating non-discretionary bonuses.

DEFENDANT'S CONTENTIONS:
Defendant argued that Griffith failed to show the existence of a class of similarly situated employees and thus, class certification must be denied. Wells Fargo argued Griffith failed to show the company had a policy of denying overtime pay and that Griffith's claims required highly individualized inquires into the circumstances of each person's job.

Result

The court denied Griffith's motion for conditional certification, holding she failed to show the existence of a class of similarly situated loan processors.