Edward Martin v. PHH Mortgage Corporation, et al.
United States District Court for the District of New Jersey
Docket No.: 1:22-cv-06925-KMW-EAP
On December 1, 2022, Ed Martin, a former Direct Lending Loan Officer for PHH Mortgage, filed a lawsuit in the District Court of New Jersey asserting that PHH failed to pay him and other Loan Officers proper overtime wages as required under the Fair Labor Standards Act and state law. Specifically, Mr. Martin alleges that PHH Mortgage failed to include commissions and bonuses in its calculation of overtime wages owed to Loan Officers. Instead, PHH Mortgage allegedly paid overtime based on 1.5 times only their base hourly rates. For example, if an MLO earned an hourly rate of $20.00 per hour but also commissions of $1,000.00 during a workweek in which they worked 50 hours, their “regular rate” would not be $20.00 but rather $40.00 per hour (($20.00 per hour * 50 hours) + $1,000.00 in commissions). Accordingly, the MLO would be owed at least an additional amount of $20.00 per hour for each overtime hour, rather than just $10.00.
If you have worked for PHH Mortgage as a loan officer, loan processor, or in positions with similar duties earning hourly rates plus commissions and/or bonus at any time from December 1, 2019 through the present, you may be eligible to join the FLSA collective action. Please call one of our employment attorneys today for more information. The Court has not yet made any 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 you have to bring a lawsuit against PHH Mortgage after any given violation of the FLSA) will continue to run until you file a Consent Form with the Court. Hence, if you have worked for PHH Mortgage in the last three years and wish to protect your rights pending the Court’s decision on certification, you can sign the Consent Form below, and the Form will be filed with the Court.
Swartz Swidler, LLC has taken this case on a contingency fee. It may be entitled to receive attorney’s fees and costs from PHH Mortgage 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 PHH Mortgage. If there is no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any attorney’s fees or costs from any of the Plaintiffs.