Rowdy Meeks Legal Group LLC recently filed a lawsuit against Proficio Mortgage Ventures LLC, Proficio Bank (collectively as “Proficio”), and First Liberty Financial Group LLC (“First Liberty”) on behalf of Mortgage Originators and other like jobs for unpaid overtime and contract wages. The lawsuit is Marzano et al v. Proficio Mortgage Ventures, LLC et al, Case No. 12-cv-7696 and is pending in the Northern District of Illinois Federal District Court in Chicago, Illinois. The lawsuit is filed as a class and collective action, which means that other current and former Proficio and First Liberty Mortgage Originators, and those who held like origination jobs may join the case to seek their unpaid wages.
Proficio is a bank and nationwide mortgage lender which operates at least 32 branches in twelve states including Illinois and Ohio. The lawsuit alleges that Proficio violated federal, Illinois, and Ohio wage and hour laws by failing to pay their Loan Originators wages due including overtime. The lawsuit also alleges that Proficio failed to pays it Ohio Loan Originators in accordance with their loan officer employment agreements. Instead of paying its Ohio Loan Originators an hourly rate plus commissions as their agreements required, the lawsuit claims that Proficio offset such hourly rate from their commissions.
Similarly, First Liberty is a mortgage lender which operates at least seven branches in several states. The lawsuit alleges that First Liberty violated federal and Ohio wage and hour laws by failing to pay their Loan Originators overtime.
According to the lawsuit, Mortgage Originators commonly work in excess of forty hours per week. Plaintiffs allege 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 branch offices, the telephone, and/or over the internet, and do not sell mortgages at consumers’ homes or places of business.
The FLSA, and Illinois and Ohio law
The FLSA, and Illinois and Ohio law may permit these Loan Originators to recover their wages due including earned overtime. They may also recover an equal amount for liquidated damages, interest, attorney’s fees, and litigation costs. Further, Proficio Ohio Loan Originators may be able to recover their contract wages due under their agreements. Both present and former Proficio and First Liberty employees may participate in the case.