Mische,
et al. v. North American Savings Bank, F.S.B.
United States District Court
for the District of Kansas, case no.: 08-CV-2535-CM
Filed: October 27, 2008
What is the lawsuit about?
Our office filed a collective action
claim against North American Savings Bank, F.S.B. (NASB) in the
U.S. Federal Court for the District of Kansas on October 27, 2008.
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 NASB failed to include Loan
Consultant’s commission income when calculating their overtime
compensation. NASB 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 NASB failed to pay any overtime premium
for hours worked in excess of forty hours per week under its pay
scheme.
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.
How can I join?
If you were/are a Loan Consultant
after October 27, 2005, please feel free to contact:
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.
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 08-2535 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. |
