Robert Peters, et al. v. Guaranteed Rate, Inc., et al.
United States District Court for the Northern District of California
Docket No: 23-cv-05602
Counsel: Joshua Boyette, Justin Swidler, Robert Soloff (of Robert D. Soloff, P.A. in Plantation, Florida), Marc Silverman (of Frank Weinberg & Black, P.L. in Plantation, Florida),
On August 19, 2024, the U.S. District Court for the Northern District of California conditionally certified the collective action on behalf of mortgage loan officers who worked for Guaranteed Rate in California, permitting them to join the case by submitting a consent form, which is provided below, This case is a putative class and collective action asserting that Guaranteed Rate violated the Fair Labor Standards Act (“FLSA”) and California laws. You can read the Complaint, which provides the full allegations made by the plaintiff, below.
The plaintiff’s FLSA claims asserts that Guaranteed Rate paid him and all other MLOs and individuals working in similar positions only commissions and no overtime wages for working more than 40 hours in a workweek despite their entitlement to overtime wages.
The plaintiff also asserts several claims under California law, including but not limited to claims that Guaranteed Rate failed to provide paid rest periods and failed to pay final commissions promptly after separation (within 72 hours at the longest) as required by California law.
Plaintiff seeks to recover all unpaid wages, damages, penalties, and other relief that are recoverable due to Guaranteed Rate’s violations. Under the FLSA, that includes liquidated (double) damages for unpaid overtime wages. Under California law, that includes, but is not limited to, up to 30 days’ worth of wages (based on an average of earnings) as a penalty for not timely paying final commissions and an hour’s worth of wages for each day that an MLO did not receive a paid rest period.
If you wish to join the collective action asserting overtime violations under the FLSA against Guaranteed Rate in this matter, you may do so by submitting the Consent Form provided below. If you wish to assert FLSA violations against Guaranteed Rate, but do not wish to file a consent form to join the collective action in this case, you may file a new lawsuit and hire your own independent attorney to bring such claims separately. To join the collective action in this matter, you must have worked for Guaranteed Rate as an MLO or similar position during the last three years. Guaranteed Rate may seek to compel individuals who bring claims against them in court to arbitrate those claims pursuant to agreements it alleges its employees entered into.
If you have any questions or would like more information about the case, please call the firm at 856-685-7420 to speak with one of the lawyers handling the case. The case is still in its earliest phases, and there have been no determinations regarding the merits of the case.
The attorneys have taken this case on a contingency fee. They may be entitled to receive attorneys’ fees and costs from Guaranteed Rate should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, the lawyers representing the Plaintiffs 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 Guaranteed Rate. 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.
Some Apple users have reported that the form will not load due to security settings on their Apple devices. If the form does not load, you may complete the consent form by accessing this link: Consent Form