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PNC Loses Bid to Undo Mortgage Loan Officers’ Rest Break Win

Dec. 6, 2022, 8:09 PM

Mortgage loan officers who say PNC Bank NA’s originations incentive plan failed to properly compensate them for rest periods convinced the Ninth Circuit to uphold their partial lower court victory Tuesday.

The district judge “correctly interpreted California law” in concluding that the plan, which deducts rest period pay from the workers’ earned incentive credits, ran afoul of state wage protections, the US Court of Appeals for the Ninth Circuit said in an unpublished opinion.

  • The bank’s plan is “nearly identical” to one at another company that a state appellate court rejected in 2017, according to the Ninth Circuit.
  • A ...