J.G. Wentworth Hit with Former Loan Officer’s Wage and Hour Lawsuit [UPDATE]

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UPDATE: Another proposed collective action has been filed against J.G. Wentworth in Virginia that seeks to recover allegedly unpaid overtime wages on behalf of mortgage sales employees who worked in the company’s Westbridge, Virginia call center. Read the complaint here.

J.G. Wentworth Home Lending LLC is the defendant in a collective action filed by a former loan officer who alleges he was deprived of proper wages while working out of the company’s Westbridge, Virginia call center.

The plaintiff clocked between 50 and 70 hours each week selling home loans, the lawsuit says. According to the case, the defendant paid the man an hourly rate plus commissions, unless the commissions exceeded the hourly rate during a given pay period. In these cases, the plaintiff was paid only the commission, the case says.

The problem with this system, the lawsuit alleges, is that J.G. Wentworth maintained an unlawful policy of paying employees only their commission for hours worked in excess of 40 each week when they should have received time-and-a-half overtime wages. The issue, according to the case, stemmed from the defendant’s alleged failure to properly track work hours, causing workers to not be paid for all time worked, including overtime hours.

Lastly, the plaintiff alleges he was never paid at a proper overtime rate for “any overtime [the defendant] managed to pay” him because it failed to include commissions and non-discretionary bonuses as part of his “regular rate of pay” when calculating his overtime rate.