Cases

Hilltop Companies

Huffman et al. v. The Hilltop Companies, LLC Court File No. 1:13-cv-00219-HJW

Staff: Lisa Burtch, Hailey McGarvey
Attorneys: Adam W. Hansen , Rachhana T. Srey

On April 1, 2013 we filed a Complaint on behalf of all current and former contractors of The Hilltop Companies who were paid an hourly rate and paid “straight time” for their overtime hours. These contractors reviewed mortgage loan files during investigations into the banks’ improper and abusive foreclosure practices. These employees allege that The Hilltop Companies violated federal wage and hour laws by failing to pay them time and a half for their overtime hours. The Defendants paid these employees on an hourly basis, but violated the law by paying them only “straight time” for their overtime hours, rather than the required time and a half.

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Case Status Updates
As you know, Hilltop filed a motion to dismiss the case and compel arbitration. In other words, Hilltop wanted the dispute to be decided by an arbitrator, not a judge. We opposed Hilltop’s motion and won. The judge agreed with us that the case should remain in federal court in Ohio. Now, ... Read More »
We just received an order in our Hilltop case denying the defendant’s motion to dismiss and compel arbitration. The case alleges independent contractor misclassification on behalf of a group of loan file reviewers. Our clients reviewed files as part of a settlement between the U.S. and 14 ... Read More »
As expected, Hilltop responded to our complaint with a request to transfer the case to arbitration.  We intend to oppose the motion to keep the case in federal District Court in Cincinnati.  However, if the judge orders the case to arbitration, we are comfortable with pursuing cases in ... Read More »
On April 1, 2013, a group of former mortgage loan file reviewers for The Hilltop Companies, LLC (“Hilltop) filed a proposed collective action lawsuit in Ohio federal court, alleging that the company unlawfully failed to pay them proper overtime wages.  The lawsuit alleges that Hilltop ... Read More »

Am I Eligible?

To be eligible to join this lawsuit:

  • You must have worked for The Hilltop Companies on projects as a contractor within the past three years.
  • You must have been paid an hourly rate plus “straight time” for your overtime hours.
  • You must have worked overtime.

You are still eligible to join this lawsuit even if you do not have any records of your overtime hours.

How Do I Join This Case?

To make a claim in this action under federal law, you must complete a Consent Form and return it to us immediately for filing with the Court.

Which Locations Are Included?

All locations nationwide are included. Current and former contractors of The Hilltop Companies anywhere in the United States may be included in this lawsuit.

What Time Frame Does This Case Cover?

There is a federal statute of limitations in this case that allows you to recover unpaid wages for hours worked within two years of signing up for the lawsuit. If we can prove that The Hilltop Companies willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime?

Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. You do not need to have proof of the hours you worked and the court will generally accept a good faith estimate of your hours.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case.  They typically last one to two years.

How Do I Update My Contact Information?

To update your contact information, please complete and submit the form
below.

Your Name (required)

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What About Retaliation?

The law protects you from retaliation for asserting your rights, and if you suffer retaliation, you may be able to assert additional claims. If you currently work for The Hilltop Companies, and you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.

How Can I Help?

If you have any information that may assist us with this case, please contact our clerk, Hailey McGarvey, by email at hmcgarvey@nka.com or toll-free at (877) 448-0492, ext. 269.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Hailey McGarvey, at hmcgarvey@nka.com or call toll free at (877) 448-0492, ext. 269. 


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