PHH Mortgage FLSA Collective Action Lawsuit

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

Counsel: Joshua Boyette, Matthew Miller, Justin Swidler

On December 20, 2023, the U.S. District Court for the District of New Jersey conditionally certified this case as a collective action and ordered that a notice of the case be sent to all eligible class members to provide them with the opportunity to join the collective action by submitting a consent form. The details of the claims, eligibility for joining it, and relevant court documents are provided below.

Edward Martin (the “Representative Plaintiff”), filed suit against PHH individually and on behalf of individuals who worked for PHH in the United States as mortgage loan officers or in positions with similar duties (“Mortgage Loan Employees”) at any time from January 18, 2020 to January 1, 2023.  The Representative Plaintiff contends that PHH failed to pay all owed overtime wages to employees by failing to include all nondiscretionary compensation, including commissions, in its calculation of the overtime rate. The Representative Plaintiff contends this practice violated the Fair Labor Standards Act (“FLSA”), a federal law. The Representative Plaintiff has sued PHH to recover all wages due on behalf of all Mortgage Loan Employees who were employed during the statute of limitations period. The Representative Plaintiff is also seeking liquidated damages (double damages), attorneys’ fees, and costs.

PHH denies the allegations in the lawsuit and contends it paid employees everything they are owed under federal applicable law.  PHH further disputes that this lawsuit should be treated as a collective action.

If you join this litigation, and the Mortgage Loan Employees prevail on their claims, you may be eligible to recover only damages you incurred during the statute of limitations under the FLSA, if any, which will be based upon the date you file your Consent Form.