TIAA/Everbank FLSA Collective Action

Richard Martin, et al. v. TIAA Bank, FSB, f/k/a Everbank Financial Corp.
United States District Court for the Southern District of New York
Docket No: 1:19-cv-01707-AJN

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)

On February 22, 2019, Richard Martin and 3 other mortgage loan officers of TIAA/Everbank filed a collective action asserting that TIAA/Everbank violated the Fair Labor Standards Act (“FLSA”), by failing to pay all overtime and minimum wage due under the law. You can read the Complaint, which provides the full allegation made by the loan officers, below. The RLOs assert that TIAA/Everbank denied them and all other Retail Loan Officers (“RLOs”) throughout the United States wages, including overtime, as a result of TIAA/Everbank failing to pay for all hours worked.

If you have worked for EverBank and/or TIAA Bank as an RLO or similar position during the last three years, you may be eligible to join the FLSA action. Please call one of our employment attorneys today for more information. The case is still in its earliest phases, and there have been no determinations regarding the merits of the case or whether the case will be certified as a collective action. However, the statute of limitations (i.e. the amount of time that may pass prior to you being unable to sue TIAA/Everbank because too much time has passed) will continue to run until you file a Consent Form. Hence if you have worked for TIAA/Everbank in the last three years and wish to protect your rights pending decisions on certification, you can sign the Consent Form below, and the Form will be filed.

The attorneys have taken this case on a contingency fee. They may be entitled to receive attorneys’ fees and costs from TIAA/Everbank should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, Swartz Swidler, LLC will receive a part of any settlement obtained or money judgment entered in favor of all members of the class or their fees will be paid separately by TIAA/Everbank. If there is no recovery or judgment in Plaintiffs’ favor, the attorneys will not seek any attorney’s fees or costs from any of the Plaintiffs.


It is too late to join this action. A settlement is pending. The settlement was limited to MLOs who had previosly joined the case. The settlement does not release claims of any person who did not opt in to the case, meaning that if you did not join, you may file an action seeking compensation. If you worked for Everbank/TIAA as an MLO and were not paid overtime, please contact us for a consultation today. There is no obligation; the consultation is free and confidential. We only get paid if you recover.