Rowdy Meeks Legal Group LLC recently filed a lawsuit against Bridgeview Bancorp, Inc. and Bridgeview Bank Mortgage Company, LLC (“Bridgeview Bank”) on behalf of Mortgage Originators and other like jobs for unpaid minimum wage and overtime. The lawsuit is Randy Zammatta v. Bridgeview Bank Mortgage Company, LLC et al, Case No. 11-cv-5504 and is pending in the Northern District of Illinois Federal District Court in Chicago, Illinois. The lawsuit was filed as a class and collective action, which means that other current and former Bridgeview Bank Mortgage Originators and those who held like jobs may join the case to seek their unpaid wages.
Bridgeview Bank is a full-service bank that has more than 15 branches in the greater Chicago area. Bridgeview Bank also offers other specialized lending nationwide. The lawsuit alleges that Bridgeview Bank violated federal and Illinois wage and hour laws by failing to pay their Loan Originators wages due including minimum wage and overtime. Bridgeview Bank pays Loan Originators on a commission-only basis without paying them minimum wage or overtime. But, the lawsuit claims that the nature of the inside sales duties Loan Originators perform requires payment of overtime and minimum wage.
According to the lawsuit, Mortgage Originators commonly work in excess of forty hours per week. Plaintiff alleges that the principal job duty of Loan Originators is to sell mortgages to individual consumers. Plaintiff further contends that Loan Originators sell mortgages to consumers from company offices, the telephone, and/or over the internet, and do not sell mortgages at consumers’ homes or places of business.
The FLSA and Illinois law may permit these Loan Originators to recover their wages due including earned overtime and minimum wage. They may also recover an equal amount for liquidated damages, interest, attorney’s fees, and litigation costs. Both present and former Bridgeview Bank employees may participate in the case.
On February 7, 2012, the Court conditionally certified a class of all Bridgeview Mortgage Loan Originators and
any other employees who originated mortgages in the last three years. Notice should go out in February 2012.