‘Misclassified’ Employee Sues Loan Companies for Allegedly Unpaid Overtime Wages

New to ClassAction.org? Read our Newswire Disclaimer

Capital Stack, LLC; Eprodigy Ach, LLC; and Eprodigy Operations, LLC are facing a proposed collective and class action lawsuit in which a former employee claims he is owed unpaid wages.

The case says the plaintiff put in an average of 57 hours each week as a sales associate and manager for the Manhattan-based business loan companies and was paid a fixed weekly salary plus commissions. The man claims he was wrongfully classified as exempt from overtime pay by the defendants because, although he ostensibly moved up the ladder at the companies, he was promoted to several manager positions “in name only” and maintained the same primary duties of pitching and closing loan deals with each job title. From the suit:

“Despite his various titles as a ‘manager,’ at no point during his employment did Plaintiff have any meaningful discretion or managerial responsibilities. For example, he played no role in employee hiring or firing decisions or employee disciplinary matters, and he was not responsible for determining any employee work schedules.”

The plaintiff further alleges that without being paid for overtime work, his salary, when divided by hours worked, regularly fell below the lawful minimum wage.

Additionally, the suit claims that the plaintiff is owed approximately $3,000 in unpaid commissions and adds that the companies failed to issue the man a wage notice and accurate paystubs throughout his employment.