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AmericaHomeKey, Inc. – Unpaid Overtime Lawsuit

Maner, et al. v. AmericaHomeKey, Inc., Court File No.: 12-cv-00562-RLV

On February 23, 2012, we filed a collective action Complaint on behalf of mortgage underwriters, closers, funders, and all other similarly situated individuals, against AmericaHomeKey.  These individuals seek overtime pay under the federal Fair Labor Standards Act. The Complaint alleges that employees working in this position, performed non-exempt production work directly related to mortgage sales.  The Complaint was filed under the FLSA’s collective action procedure, meaning the plaintiffs filed their Complaint on behalf of themselves and other “similarly situated” employees, who work or worked as a mortgage underwriter, closer, and/or funder for AmericaHomeKey at any time within the past three years.  Plaintiffs received no overtime pay for their overtime hours worked until AmericaHomeKey, Inc. reclassified from exempt to non-exempt and began paying overtime in or around February 2011.

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Am I eligible?

Past and present mortgage underwriters, closers, funders, and other job titles performing similar job duties from every AmericaHomeKey, Inc. office or branch location nationwide may be included.

Additional Information

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?

Past and present mortgage underwriters, closers, funders, and other job titles performing similar job duties from every AmericaHomeKey, Inc. office or branch location nationwide may be included.

What Time Frame Does This Case Cover?

There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within 2 years of signing up for the lawsuit.  If we can prove the company “willfully” violated the law, the statute of limitations may be extended to 3 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.

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 AmericaHomeKey, Inc. and you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.

How Can I Help?

We are looking for the following information:

  • Names of current or former mortgage underwriters, closers, funders, and others similarily situated.  This will help us notify potentially eligible employees of this lawsuit.  We are NOT seeking confidential records regarding other employees, like documents marked "confidential" or documents containing social security numbers.
  • Any non-confidential documents or records relating to your claim that you were entitled to overtime or other wages you did not receive during your employment with AmericaHomeKey, Inc.
  • Anything that leads you to believe that AmericaHomeKey, Inc. knew about overtime laws.

You do not need to have any the above-requested information to be eligible for this lawsuit.

If you have any information that may assist us with this case, please contact our clerk on the case, Andrea Glover, by email at aglover@nka.com or call toll free at (877) 448-0492, ext. 296.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Andrea Glover at aglover@nka.com or call toll free at (877) 448-0492, ext. 296.

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