On November 21, 2008, Plaintiffs, Aaron Daniels and Robert Szwaja, filed a lawsuit against Defendant, Top Dot Mortgage, seeking to recover unpaid overtime compensation on behalf of all loan officers who ever worked more than 40 hours during any given week. The lawsuit charges that Top Dot Mortgage violated federal law by deliberately failing to keep accurate time records and failing to pay wages earned as required by the Fair Labor Standards Act ("FLSA").

Plaintiffs allege that hundreds of inside loan officers working for Top Dot Mortgage across the country were victimized by Top Dot Mortgage's unlawful practices and are eligible to join this lawsuit. Plaintiffs bring this action on behalf of themselves and all other loan officers employed by Top Dot Mortgage in the United States from November 21, 2005 to the present.

Under the FLSA, employees are entitled to wages for all hours worked and time-and-a-half pay for each hour over 40 hours worked in a workweek, unless they are exempt from the Act. These laws also require employers to maintain accurate records of hours actually worked by its employees.

In this case, Plaintiffs allege that loan officers were not exempt from the FLSA because they were not paid a guaranteed salary as required by the Act. Rather, Defendant paid its loan officers primarily on a commission only basis. Plaintiffs allege that they often worked overtime hours in excess of 40 per week selling residential loans and that Top Dot Mortgage failed to record the time worked by its loan officers.

"Top Dot required its loan officers to work well over 40 hours each week without paying minimum wage or overtime in violation of federal and state law.  There should be no question that they are owed back pay for all the time they spent selling loans for Top Dot's benefit," stated James Zouras, one of the attorneys for the Plaintiffs.

If you are currently employed, or have been employed in the past three years, by Top Dot Mortgage as a loan officer and would like more information on this case, we encourage you to read the court approved Notice and, if interested, complete the Consent Form.

If you want more information on your rights, please fill out this Contact Form or feel free to contact an attorney at:

Stephan Zouras, LLP
Tel. 312-233-1550
Fax 312-233-1560


or

Erik H. Langeland, P.C.
Tel. 212-354-6270
Fax. 212-898-9086