McCauley, et al. v. First Option Mortgage, L.L.C.
United States District Court for the Eastern District of Missouri, case no.: 10-CV-0980
Filed: May 28, 2010

What is the lawsuit about?

Our office filed a collective action claim against First Option Mortgage, L.L.C. (FOM) in the U.S. Federal Court for the Eastern District of Missouri on May 28, 2010. This lawsuit was filed on behalf of all Loan Officers for unpaid overtime under the federal wage and hour laws: the Fair Labor Standards Act (FLSA). The lawsuit alleges that FOM failed to include loan officers’ commission income when calculating their overtime compensation. FOM treated loan originator’s hourly pay and overtime as a draw against their commission income, and in turn deducted any overtime pay they did provide from the officers’ commissions. In turn, regardless of the amount of time a loan officer worked, they would make the same amount of compensation (in essence, pure commission income). Plaintiffs alleged that FOM 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.

UPDATE: On September 2, 2010, the Court conditionally certified a class of all loan officers working for First Option Mortgage at all of their office locations from September 2, 2007 to the present (Click here for copy of Order).

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 Officer working for FOM after May 28, 2007, please feel free to contact our office more information on how to join this matter: