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Employment

NVR, Inc. and NVR Mortgage Finance, Inc.

Cossaboom et al. v. NVR, Inc. and NVR Mortgage Finance, Inc.
Case No. 9:21-cv-80627 (S.D. Fla.)

On March 31, 2021, loan officers filed a case against NVR, Inc. and NVR Mortgage Finance, Inc. (“NVR” or “Defendants”). They assert claims for unpaid overtime compensation on behalf of themselves and other loan officers across the country.

The Complaint alleges that NVR violated the federal Fair Labor Standards Act (“FLSA”) by not paying loan officers for all the overtime hours they worked. The loan officers assert the NVR knowingly placed heavy demands on them that required them to work unpaid overtime hours, while discouraging them from recording that time.

Our firm is partnered on this matter with attorneys Gregg I. Shavitz, Paolo Meireles, and Logan A. Parden of Shavitz Law Group, P.A. in Boca Raton, Florida. 

Type of Case

Unpaid Overtime Wages

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Am I eligible?

You may be eligible to make a claim under federal law in this case if you worked for NVR as a loan officer, or in a similar job title, at any time within the past three years, in any state, and were not paid an overtime premium for some or all the hours you worked over 40 per week. 

Additional Information

Is This a Collective Action? What Does that Mean?

This case is a potential collective action under federal law. The idea behind a collective action is to allow one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. In order to proceed as a group, though, the Court must certify the collective. Because we are in the early stages of the case, this has not happened yet, but we intend to file the motion at the appropriate time asking the Court to grant this certification.

Which Locations Are Included?

This case seeks to include all loan officers who work or worked for NVR anywhere across the country at any time within the past three years.  

How Do I Join This Case?

In order make a claim in this case for your unpaid overtime under the FLSA, the federal law, you must complete a consent form and submit it to our office. You can sign up electronically here.

What Time Frame Does This Case Cover?

There is a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods.  Under federal law, the statute of limitations is two years back from when the worker signs up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that NVR knowingly or willfully violated the law, then the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

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

How Do I Prove I Worked Overtime?

If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay. If NVR did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for NVR and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Christina Houston, at (612) 256-3238 or chouston@nka.com immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

How Can I Help?

If you know any loan officers interested in making a claim for unpaid overtime, they should sign up electronically here. They may also contact the case clerk, Christina Houston, at (612) 256-3238 or chouston@nka.com to sign up. There is strength in numbers.

How Do I Learn More?

To learn more, feel free to contact the case clerk, Christina Houston, at (612) 256-3238 or chouston@nka.com. You may review the Case Updates section of this website as well.

Case Updates

  • April 2, 2021

    Loan Officers File Overtime Case Against NVR, Inc. and NVR Mortgage Finance, Inc.

    On March 31, 2021, loan officers filed a case against NVR, Inc. and NVR Mortgage Finance, Inc. (“NVR” or “Defendants”). They assert claims for unpaid overtime compensation on behalf of themselves and other loan officers across the country.

    The Complaint alleges that NVR violated the federal Fair Labor Standards Act (“FLSA”) by not paying loan officers for all the overtime hours they worked. The loan officers assert that NVR knowingly placed heavy demands on them that required them to work unpaid overtime hours, while discouraging them from recording that time.

    NVR, Inc. is one of America’s leading homebuilders and serves homebuyers in 33 metropolitan areas in fourteen states.  NVR Mortgage Finance, Inc. operates branches in the metropolitan areas in which NVR has homebuilding operations.

    Plaintiffs seek unpaid overtime compensation, liquidated (double) damages, and other statutorily permitted relief under the FLSA.

    Paolo Meireles, one of the plaintiffs’ attorneys stated, “loan officers worked long hours to meet NVR’s production requirements while not being permitted to record all of their overtime hours worked.  We seek to get them paid the overtime compensation they were denied.”

    Plaintiffs are represented by Gregg I. Shavitz, Paolo Meireles, and Logan A. Pardell of Shavitz Law Group, P.A. in Boca Raton, Florida and Michele R. Fisher and Kayla M. Kienzle of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California.  The case is entitled, Cossaboom et al. v. NVR, Inc. and NVR Mortgage Finance, Inc., Case No. 9:21-cv-80627 (Southern District of Florida).

    Additional information about the case and how loan officers can make a claim for unpaid overtime wages can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492 ext. 238.

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