Plaintiff, individually and on behalf of all other similarly situated hourly-paid employees who received bonuses and other incentive compensation for their work for weeks in which they also worked overtime, filed a lawsuit against Academy Mortgage in the U.S. District Court for the Northern District of Georgia styled George v. Academy Mortgage Corporation (UT), No. 1:16-cv-00471-CAP (N.D. Ga. 2016) . The lawsuit alleges that Plaintiff, and each similarly situated hourly-paid employee who received bonuses and other incentive compensation for their work for weeks in which they also worked overtime, did not receive overtime pay as required by law because Defendant Academy Mortgage ("Defendant") did not include those bonus amounts when calculating the overtime premiums paid for those overtime hours worked, allegedly resulting in underpayment of overtime. Defendant denies this allegation. Several other hourly-paid employees have joined the litigation by filing Consents pursuant to Section 216(b) of the FLSA regarding collective actions.
The case is in its early stages, and therefore the Court has not yet ruled on any legal issue in the case, has not ruled that the case may proceed as a collective action, and has not approved or ordered the issuance of any notice to the putative collective class of allegedly similarly situated current and former employees. However, under the Federal Labor Standards Act ("FLSA"), non-exempt employees may be owed unpaid overtime if they succeed on their argument that overtime premiums were underpaid, and may be owed double those damages amounts as liquidated damages. If Plaintiffs prevail under the FLSA, then Defendant would be required to pay Plaintiffs' reasonable attorneys fees and costs in addition to any judgment.
Positions that may be eligible to participate, if the Court allows the case to proceed as a collective action, include hourly-paid employees who received bonuses and other incentive compensation for their work for weeks in which they also worked overtime (the "covered positions"), which may include such positions as Processors, Closers, Funders, and Loan Officer Assistants.
Current and former employees who worked for Academy Mortgage in any location, and who meet the definition of having received bonuses and other incentive compensation for their work for weeks in which they also worked overtime, may be eligible to join this case and seek recovery for overtime. If you are or were an employee of Academy Mortgage, you should fully read this notice and get involved. In order for you to be eligible to assert a claim in this case, the following must apply:
(1) At any time within the period of three years prior to the date you join, you worked in one of the covered positions for Defendant summarized above;
(2) You worked overtime (more than 40 hours per week), in a week for which you also were paid a bonus or other incentive compensation for your work (for example, a monthly bonus applying to work performed during all weeks in that month), in one of the covered positions for Defendant summarized above;
(3) You execute a written Consent form agreeing to join this case and be represented by Plaintiff's attorneys. You are not required to be represented by Plaintiff's attorneys to opt-in to the lawsuit. You may retain the attorney of your choice to represent you. [To download, print, sign, and submit a Consent form, click HERE.]
For more information concerning the lawsuit and the Plaintiff's claims, view the Complaint and Defendant's Answer attached in the Case Status section. For additional information or to discuss your potential claim, you may contact any of the lawyers representing the Plaintiffs in this case:
Jerilyn E. Gardner
C. Andrew Head
Head Law Firm, LLC
1170 Howell Mill Rd., NW, Ste. 305
Atlanta, GA 30318
(404) 924-4151 x102
(404) 796-7338 (fax)
Worried about retaliation? You should know that any act of retaliation for participating in this FLSA case as a plaintiff (or as a witness) is strictly prohibited by the FLSA, 29 U.S.C. § 215. Academy Mortgage is prohibited by law from taking any action against you for participating in this lawsuit.
July 12, 2016: ORDER: The Court DENIED Defendant's Motion to Transfer Venue. The case will remain in Plaintiff's chosen forum.
May 27, 2016: MOTION TO TRANSFER VENUE FILED BY DEFENDANT. Defendant filed a motion seeking to transfer venue to its home district of Utah. Plaintiff opposed this motion.
May 27, 2016: ANSWER FILED BY DEFENDANT. Defendant admitted that Plaintiff and certain non-exempt employees were paid an hourly rate of pay for hours worked up to 40 in a workweek and that Plaintiff and certain non-exempt employees received additional compensation, including bonuses. Defendant denied that there was any bonus payment that was required to be included in the calculation of the overtime premiums paid to Plaintiff, and admitted that it did not include bonus payments in the calculation of the overtime premiums paid to Plaintiff. [To view Defendant's Answer, click HERE.]
February 29, 2016: Two more hourly-paid non-exempt employees filed Consents to join Plaintiff's lawsuit.
February 12, 2016: COMPLAINT FILED BY PLAINTIFF. [To view the Complaint, click HERE.] In addition to Plaintiff's filed Consent, two additional hourly-paid non-exempt employees filed Consents to join Plaintiff's lawsuit.
[To download a Consent form to join this case -- only after reading all sections of this page in their entirety -- click HERE.]
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