Humphrey, et al. v. Bank Mortgage Solutions, L.L.C. & Bank VI
United States District Court for the District of Kansas, case no.: 09-CV-2224 Filed: April 28, 2009

What is the lawsuit about?

Our office filed a collective action claim against Bank Mortgage Solutions, L.L.C. (BMS) in the U.S. Federal Court for the District of Kansas on April 28, 2009. This lawsuit was filed on behalf of all Loan Consultants for unpaid overtime under the federal wage and hour laws: the Fair Labor Standards Act (FLSA). The lawsuit alleges that BMS failed to include Loan Consultant’s commission income when calculating their overtime compensation. BMS treated Loan Consultants’ hourly pay and overtime as a draw against their commission income. In turn, regardless of the amount of time a Loan Consultant worked, they would make the same amount of compensation (in essence, pure commission income). Plaintiffs alleged that BMS failed to pay any overtime premium for hours worked in excess of forty hours per week under its pay scheme in violation of the FLSA. At this time, this lawsuit is not a certified collective class action. It will only become a certified collective class action after the Court issues an order granting this status. We will be seeking such an order from the Court as this matter proceeds.

Can I get a copy of the lawsuit?

For a copy of the lawsuit that has been filed: Click here.

How can I join?

If you were/are a Loan Consultant working for BMS after April 28, 2006, please feel free to contact our office more information on how to join this matter:

Brendan J. Donelon DONELON, P.C.
802 Broadway, 7th Floor
Kansas City, Missouri 64105
816-221-7100
Fax: 816-472-6805
brendan@donelonpc.com

How Can I follow What is Happening in the Lawsuit?

This lawsuit was filed in U.S. Federal Court for the District of Kansas. That court allows the public to view the documents filed in existing lawsuits. You can access this information by clicking on https://ecf.ksd.uscourts.gov/cgi-bin/login.pl.