Thompson v. Real Estate Mortg. Network, No. 12-3828 (3d Cir. 2014)Annotate this Case
In 2009, Thompson was hired as a mortgage underwriter by Security Atlantic and assigned to a training class led by a representative of REMN, identified as a sister company of Security Atlantic. In 2010, allegedly in response to a HUD investigation into mortgage practices, Thompson and others were asked to fill out applications to work for REMN. Thompson completed the application; her subsequent paychecks were issued by REMN. Security Atlantic is no longer in business. Thompson and her colleagues continued to do the same work, at the same desks, at the same location. Thompson’s pay rate, work email address, and supervisors remained the same. Thompson alleged that the companies and individual supervisors permitted her and others to regularly work more than eight hours per day and more than 40 hours per week without overtime compensation; misrepresented to workers that they were exempt, salaried employees, ineligible for overtime pay. The district court dismissed her claims under the Fair Labor Standards Act, 29 U.S.C. 201–219, and the New Jersey Wage and Hour Law, N.J. Stat. 34:11-56a. The Third Circuit vacated and remanded Thompson provided sufficient information about the scope of the individual defendants’ workplace authority and of specific statements concerning overtime pay, to allow the court to draw the reasonable inference that they are liable.