Case: Wage & Hour/Conditional Certification (E.D. Va.)

A federal district court in Virginia denied a motion for conditional certification of a Fair Labor Standards Act class of non-exempt loan processors and loan officers employed by NVR, Inc. and NVR Mortgage Finance, Inc., and allegedly subject to an unwritten overtime policy that conflicts with a written wage payment policy and requires them to work unreported overtime. NVR and NVRMF argued that the motion was insufficient to establish that there are “similarly situated” plaintiffs. Considering whether the employees were similarly situated as it relates to unwritten overtime policies, the court held that none of the loan processors evidence showed ...