California Wage and Hour Class Action Filed Against Home Point Financial

A new California wage and hour class action lawsuit has been filed in U.S. District Court for the Northern District of California on Dec. 19, 2017. The plaintiff, Brandon N., has filed the lawsuit on behalf of himself and others similarly situated against Home Point Financial Corp.

Home Point Financial Corp. is a consumer loan business based in Ann Arbor, Mich. The plaintiff in this new California wage and hour class action lawsuit, Brandon N., is a citizen and resident of the State of California and a former employee of Home Point Financial Corp.

Brandon says he was employed by the company for a five-month period between June and November 2017. He was a non-exempt employee during this time, and he alleges he often worked more than eight hours in a day and 40 hours in a workweek.

Brandon seeks to represent other non-exempt employees in this California wage and hour class action lawsuit who allegedly have not been paid wages owed for the full number of hours worked. This allegation is based on the Fair Labor Standards Act (FLSA), a federal statute, and California State law. The class period for this action is retroactive four years from the date of filing for this legal action.

According to the complaint, Brandon challenges the appropriateness of the businesses’ method of calculating overtime and premium wages and the timeliness of wage payment upon termination. It is believed that the Class size exceeds 50 former or current employees of Home Point Financial Corp.

On his own behalf and that of the proposed Class, Brandon brings the following claims against the defendant in his California wage and hour class action lawsuit: Count One—Violation of the FLSA of 1938, applicable to nationwide Class Members; Count Two—Violations of California Labor Code and Wage Orders, applicable to California class members only; and Count Three—Violation of Business and Professions Code Section 17200, applicable to California Class Members only.

The plaintiff is asking for a trial by jury with the jury awarding legal and equitable relief as they see proper in the light of the evidence provided. Brandon hopes for a court-ordered accounting of all wages due to himself and class members. He also asks for compensatory and liquidated damages under the stipulations of the FLSA, compensatory and waiting time penalties under California Labor Code, and a return of all attorney and court costs incurred by this action.

Finally, Brandon asks for a court order that requires Home Point Financial Corp. to pay restitution for its unlawful employment conduct in the State of California along with injunctive relief preventing the defendant from continuing said practices in the State hereafter.

The California Wage and Hour Class Action Lawsuit is Case No. 4:17-cv-07205-KAW in U.S. District Court for the Northern District of California.

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