In fact, the characteristics of Plaintiffs’ allege – and therefore challenges Defendants’ settlement scheme – fundamentally pertains to common concerns away from legislation. These common court inquiries tend to be if or not Defendants’ payment-pay only bundle, hence used on all mortgage officials, violates this new York Work Stuff, if or not Defendants misclassified the loan officers as the excused of overtime, and you can if Defendants didn’t care for exact date facts as required by the . . . Nyc Work [*3]Rules. . . . . Right here, Plaintiffs challenge the new legality off Defendants’ policy regarding classifying their inside-transformation loan officials because the exempt. It’s the popular concern within core of instance and you will backlinks most of the classification members (Plaintiffs’ Memorandum away from Rules inside Help during the p 10-11).

This new Defendants, additionally, maintain your “members of the suggested group had greatly additional employment event and you can your suggested classification does not have commonality as it includes 1) exempt and you may non-exempt individuals, 2) one another complete-some time region-date personnel, 3) professionals one to worked pursuant to various preparations for various managers at different branches with various practices, and you can cuatro) professionals one to worked additional wide variety, was paid off in another way, and does not be subject to the same particular determining damages” (Defendants’ Memorandum away from Law from inside the Opposition from the pp sixteen-17).

Here, the fresh new titled Plaintiffs did not endure its load of exhibiting you to definitely concerns regarding legislation otherwise facts prominent for the classification predominate over people concern affecting only private professionals (discover Smilewicz v Sears Roebuck and you may Co., 82 AD3d 744 [2d Dept 2011]).

Next, the newest requirements off financing officers ranged based whether or not they have been a full-time additional mortgage administrator, part-time additional mortgage officer, full-time into the loan officer otherwise in your free time to the financing officer (Reeps Affidavit inside the Assistance at 11)

In support of its activity, new Plaintiffs fill out multiple affidavits away from certain mortgage officers, also Carnie and Saper, just who worked for Continental. Both Carni and you may Saper claim another within their affidavits:

We regularly worked more than 40 circumstances per week and you may have a tendency to did possibly sixty occasions a week attempting to sell household finance. In most cases We has worked nights, very early days and you can sundays. My managers advised me or other mortgage officers to operate long circumstances exceeding 40 days inside the given workweeks given that way more financing issues We ended up selling, more finances Continental tends to make. However, also such financing officers was operating more than forty times each week. When the loan officers desired to stay-in an effective condition with Continental’s management, they’d be effective more 40 circumstances per week.

I happened to be perhaps not reduced overtime with the date I did more than 40 days per week. I was maybe not repaid minimum wage.

Regardless of the identical character of each and every of your own affidavits, this new courtroom comes to an end you to definitely none Carni nor Saper’s affidavit contain the required factual nexus on the most other financing officers who registered affidavits (look for id

Whenever you are used by Continental, I caused most other mortgage officers exactly who I seen toward a great daily 1000 cash loan now basis. Anything like me, most of these loan officers ended up selling money because their number one duty, continuously spent some time working in excess of 40 instances each week, and you will was basically reduced pursuant into exact same or equivalent pay package revealed above. I knew this simply because i noticed other financing officials frequently performing more forty era per week and you can are told by Continental that all of their mortgage officials were paid in a comparable otherwise equivalent way. We learned off their loan officials that all of Continental’s loan officers have been paid exactly the same way. I found myself required to sit in weekly group meetings with other mortgage officials. In these meetings, Continental’s government reemphasized our number 1 obligations was promoting home loans hence we could possibly maybe not found fee except if i produced conversion process, encouraged us to functions long drawn out hours, and offered accolades to those financing officers putting in probably the most day.

Continental did not list the full time We worked or perhaps the go out did by the most other financing officers. Whenever i are functioning, Continental did not have a time remaining program for its loan officers.[FN4]

Very first, the fresh courtroom points out that the affidavits registered meant for Plaintiffs’ software to own category degree (except for Hartman’s affidavit [FN5] ) appear to be the same, that have small variations (pick Mendoza v Casa de Cambio Delgado, Inc., 2008 WL 938584 [SDNY 2008]). ). Of your twelve financing officials just who provided affidavits to get the brand new Plaintiffs’ motion, simply Ronald Belgene was financing officer who has worked regarding the Defendant’s Area Load place of work, including the two-named Plaintiffs.[FN6] The fact that only one of the affidavits are away from a good mortgage administrator who spent some time working throughout the Valley Load office try extreme considering the affidavit out of Eric Reeps, Continental’s Chief Operating Manager due to the fact 2008, the determination off exactly how financing manager is paid requires research towards the issues of the individual loan-office, since the settlement depended on the an abundance of activities (Reeps Affidavit in Service on 12). In this regard, the latest legal notes that each part office got additional professionals and you may more team methods. An excellent “regular external financing founder work contract” will bring that the “employment is complete-big date, for example [employee] need work on minimum forty days each week” (come across, e.grams., Ex. “Y” in order to Endorsement when you look at the Opposition). Into the an [*4]”to the home loan inventor” contract, new staff “recognizes you to s/he doesn’t and will not works more than 40 circumstances each week, unless of course a lot more period is acknowledged ahead of time plus creating by his/their manager”. Such group was in fact paid a bottom salary of $290 a week (see, e.g., Ex lover. “AA” to Endorsement during the Resistance). The new “part-time external financing maker employment contract” brings that “work is a component-big date, for example [employee] might not work with overabundance 19.5 circumstances per week” (find, age.g., Ex. “W” so you’re able to Endorsement when you look at the