Better Mortgage Stuck With Gag Order in Underwriters’ Wage Case

A district court order placing restrictions on Better Mortgage Corp.'s communications with underwriters during a class/collective action seeking overtime pay was upheld by the Ninth Circuit.

Lorenzo Dominguez sued Better Mortgage under the Fair Labor Standards Act and California law, seeking unpaid overtime pay. Better Mortgage sought to minimize its exposure to the suit by discouraging current and former employees from participating in the collective action under the FLSA and the class action under state law.

Under the restrictions, Better Mortgage remains free to communicate about the lawsuit and issues central to it, but must do so in writing, and ...