Janet Hoskins, et al. v. Contour Mortgage Corp.
United States District Court for the Eastern District of New York
Docket No:
Counsel: Justin Swidler, Robert Soloff (of Robert D. Soloff, P.A. in Plantation, Florida), Marc Silverman (of Frank Weinberg & Black, P.L. in Plantation, Florida), Carley Meredith (of Meredith Malatino, LLC in Hackensack, NJ)
Plaintiffs Janet Hoskins, Elizabeth Nudo, and Paul Danko Jr., who are all former loan officers for Contour Mortgage, have initiated a collective action lawsuit against Contour Mortgage Corporation, alleging violations of the Fair Labor Standards Act (FLSA) and various state laws. They claim that Contour systematically misclassified Mortgage Loan Originators (MLOs) and those performing MLO functions as exempt employees, thereby depriving them of their rightful overtime compensation and minimum wages.
Loan officers who have worked for Contour may have experienced similar issues with the company’s payment structure. The plaintiffs argue that Contour’s policy regularly failed to provide minimum wage and overtime for employees who often worked over 40 hours per week. This lawsuit seeks to hold Contour accountable for its actions and recover the unpaid wages potentially lost by affected employees due to these practices.
Contour Mortgage Corporation denies these allegations, and no court has made any decisions regarding the merits of the case or which party is in the right.
The MLOs are seeking their unpaid wages, as well as an award of liquidated damages, which could effectively double the recovery for affected employees. Under the FLSA, if a court finds that an employer has willfully violated wage and overtime laws, the employees may be awarded liquidated damages equal to the amount of their unpaid wages. In this case, the plaintiffs allege that Contour’s actions were intentional, which means that employees who join the lawsuit could potentially recover not only the unpaid overtime wages but also an equal amount in liquidated damages.
To express their interest in joining the lawsuit, individuals can file a consent form with the court. This will inform the court of their desire to join the case and toll their statute of limitations. However, it is crucial to understand that joining the case will be contingent on the plaintiff obtaining conditional collective certification under the FLSA, a decision that the court has not yet made.
By considering participation in this lawsuit, loan officers who have worked for Contour can stand together in the fight for fair compensation and hold Contour accountable for its alleged unlawful practices. The collective strength of employees coming together to seek justice can make a significant impact and help ensure that Contour is held responsible for its actions.
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