RICHARDSON v. WELLS FARGO BANK, N.A.

No. 15-20711.

839 F.3d 442 (2016)

Raymond RICHARDSON; Judith Gott; Angela Kolmansberger; James Chaplin; Lucy Gonzales; Donna Lynn Pontello; Bill Early, Plaintiffs-Appellants v. WELLS FARGO BANK, N.A.; Wachovia Mortgage Corporation; Wachovia Corporation; World Mortgage Company, also known as World Mortgage Co.; Wells Fargo & Company; Wells Fargo Home Mortgage, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed October 14, 2016.


Attorney(s) appearing for the Case

Reagan William Simpson, Esq. , Christian J. Ward , Attorney, Richard Paul Yetter , Yetter Coleman, L.L.P., Houston, TX, Diana Elizabeth Marshall , Marshall Law Firm, Houston, TX, John M. Padilla, Esq. , Padilla, Rodriguez & de la Garza, L.L.P., Houston, TX, Rhonda Hunter Wills , Wills Law Firm, P.L.L.C., Houston, TX, for Plaintiffs-Appellants.

Lindbergh Porter, Jr. , Littler Mendelson, P.C., San Francisco, CA, David B. Jordan , Littler Mendelson, P.C., Houston, TX, Daniel L. Thieme , Littler Mendelson, P.C., Seattle, WA, for Defendants-Appellees.

Before KING, SMITH, and COSTA, Circuit Judges.


Plaintiffs-Appellants claim that Defendants-Appellees violated the Fair Labor Standards Act ("FLSA") by, inter alia, improperly classifying them as exempt employees and failing to pay appropriate overtime. Plaintiffs-Appellants, however, were also class members of a previously settled opt out class action in California...

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