Equity Prime Mortgage Facing Employee Misclassification Complaint

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A Georgia man alleges in a proposed collective action that defendant Equity Prime Mortgage LLC misclassified individuals working as mortgage loan originators and in similar positions, and thus failed to pay the workers proper minimum and overtime compensation. According to the lawsuit, the defendant paid mortgage loan originators on a “draw against commission” basis, whereby Equity Prime Mortgage “recaptured” any minimum and overtime wages paid to members of the proposed collective. The case notes that as a result, the plaintiff and similarly situated workers were paid on a commission-only basis.

The case claims the plaintiff, who worked for the defendant from January 2016 through March 2017, was paid no compensation for roughly three months of his employment despite routinely working more than 40 hours per week. More specifically, the case states the plaintiff’s regular schedule had him working an average of 60 hours per week, including at least four to five weekend days each month, while being available to receive work-related phone calls at almost all hours. 

“In reality, [the plaintiff] and other mortgage loan originators are and were non-exempt sales employees who are and were entitled to minimum wages and/or overtime pay for all hours worked,” the case argues.