Unpaid Overtime Class Action Lawsuit Filed Against J.G. Wentworth

A class action lawsuit has been filed against J.G Wentworth Home Lending LLC on behalf a plaintiff and a similarly situated a group of internal loan officers who worked for the lending company.

Plaintiff David D.filed the collective action complaint stating that he and other internal loan officers were paid on a commission basis but were not paid overtime for any duties they performed. They were allegedly instructed to work “off the clock” both at the office and at home, according to the unpaid overtime class action lawsuit.

“Management personnel of Defendant was aware that the Loan Officers worked more than 40 hours a week and was aware that the Defendant was not paying them overtime,” the unpaid overtime class action lawsuit states. It continues, “Mortgage Loan Officers work is non-exempt work. As such, the FLSA requires that mortgage officers be paid overtime.”

A collective action lawsuit, such as this one filed by David, is similar to a class action lawsuit. The main difference is that in a class action lawsuit, members of the class are automatically included and must affirmatively opt out should they choose not to participate in the action. In a collective action lawsuit, members must affirmatively opt in to be included to participate in the action.

The lawsuit states that David regularly worked in excess of 40 hours per week, working at his office beginning at 8:30 in the morning until 5:00 in the evening without a lunch break. He then states he worked at home from 6:30 until 8:00 p.m., working at least five days a week and many weekends.

“Defendant instruct[ed] Plaintiff and the Class Members to work after normal hours and on weekends but not to record the time as they would not be paid for overtime. Defendant did this pursuant to a nationwide policy of not allowing Loan Officers to be paid for overtime but instructing them to work off the clock,” the unpaid class action lawsuit states.

The Class in this collective unpaid overtime class action lawsuit is defined as follows: “LOAN Officers employed by the Defendant (regardless of actual job title) who worked for Defendant within the last three years who worked in excess of 40 hours in one or more workweeks and were not compensated at one and one-half times the regular rate of pay for all hours worked in excess of 40 hours in one or more workweeks.”

As a result, David raises a single cause of action for failure to pay wages in accordance with the Fair Labor Standards Act and demands a jury trial. He is seeking certification of the collective action for himself and Class Members to be represented. He is seeking overtime compensation for all unpaid hours worked at one-and-one-half times the regular rate of pay, any other unpaid wages, liquidated damages, attorneys’ fees, expert fees, costs and expenses, pre-and post-judgment interest, and any additional relief to which they may be entitled.

This Collective Unpaid Overtime Class Action Lawsuit is Case No. 4:17-cv-00642 in the U.S. District Court for the Eastern District of Texas, Sherman Division.

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