Carson, et al. v. Mortgage Lenders of America, L.L.C.
United States District Court for the District of Kansas, case no.: 09-CV-2437-CM
Filed: August 20, 2009

What is the lawsuit about?

Our office filed a collective action claim against Mortgage Lenders of America, L.L.C. (MLA) in the U.S. Federal Court for the District of Kansas on August 20, 2009. This lawsuit was filed on behalf of all loan originators for unpaid overtime under the federal wage and hour laws: the Fair Labor Standards Act (FLSA). The lawsuit alleges that MLA failed to include loan originator’s commission income when calculating their overtime compensation. MLA treated loan originator’s hourly pay and overtime as a draw against their commission income. In turn, regardless of the amount of time a loan originator’s worked, they would make the same amount of compensation (in essence, pure commission income). Plaintiffs alleged that MLA 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 MLA after August 20, 2006, please feel free to contact our office more information on how to join this matter:

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.

Once you are on that web page, you will need to set up a PACER account in order to receive a “login” and “password.” There is a link on this page for http://pacer.psc.uscourts.gov/. Once you have a login and password, you can go back and enter that information on the court’s website in order to log-in. After you log in, click “query” at the top of the next screen. This will bring up a “search clues” box. Within that box, you will need to enter 09-2437 in the case number area, then hit the “Run Query” button. On the next screen, click on the “docket report” link. That will bring up the docket report for the case. You will be able to see all the documents that have been filed in the case, including all the consent to join forms. Note: if you click on a document and want to review it, there is a charge to your PACER account for the copies.