This is a class, collective, and representative action on behalf of employees of Ladera Lending, Inc.
Defendant paid Plaintiff Ochinero and other loan officers based on sales commissions treated as a draw, where employees’ hourly wages are deducted from their overall total wages (i.e. commissions). For example, Plaintiff was paid a regular hourly draw rate of $12.00 (prior to January 1, 2019, she was paid a regular hourly draw rate of $11.00). This means that when Plaintiff makes a commission, these hourly draw amounts she earned are deducted from her commissions. Plaintiff also routinely worked 12-hour shifts but was required by the Defendant to only record 8 hours per workday. Because Plaintiffs were not paid on a salary basis, they must be paid the minimum wages and overtime premium pay as required by law. However, Defendant failed to compensate its mortgage loan officers for all hours worked, including minimum and overtime wages as required by both federal and California state law. Plaintiff and fellow class members seek damages in the amounts improperly withheld, along with all appropriate penalties including: for any initial violation, fifty dollars, and one hundred dollars for each subsequent violation for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. Plaintiff and the class members seek the penalties to which they are entitled pursuant to Labor Code §203, in the amount of each members’ daily wage multiplied by thirty (30) days, the exact amount of which is to be determined at trial.
A copy of the complaint can be accessed here.
Photo by Scott Graham