Sliger

Sliger v. Prospect Mortgage, LLC

Good Law
789 F. Supp. 2d 1212·2011 WL 2118913·2011 U.S. Dist. LEXIS 57393
United States District Court, Eastern District of CaliforniaMay 27, 2011CIV. S-11-465 LKK/EFBCalifornia3,925 words

Opinion

Opinion

Karlton, J.

ORDER

This is a wage and hour class and collective action filed by loan officers formerly working for Prospect Mortgage, LLC. Plaintiffs make eight claims for relief: 1) failure to pay overtime in violation of the Fair Labor Standards Act (“FLSA”); 2) failure to pay minimum wage in violation of the FLSA; 3) failure to pay overtime in violation of California law; 4) failure to pay minimum wage in violation of California law; 5) waiting time penalties under California law; 6) failure to provide itemized wage statements in violation of California law; 7) failure to provide and/or authorize meal and rest periods under California law; and 8) violation of California unfair competition law. Defendant Prospect Mortgage has filed a motion to dismiss the first amended complaint, or in the alternative to strike class allegations. Plaintiffs oppose the motion. For the reasons stated below, defendant’s motion is DENIED.

I. Background

Plaintiffs Elizabeth Sliger, Carol Dion, and Scott Avila (“Sliger,” “Dion,” and “Avila,” respectively) worked as loan officers between 2008 and 2010. As loan officers, plaintiffs were engaged in selling mortgages. Plaintiffs “regularly” performed this work over…

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