Important Information About this Lawsuit


This webpage informs you of the current status of and updates to the class action lawsuit against NVR, Inc.


On October 29, 2004, Patrick Tracy brought a lawsuit against the defendant on behalf of himself and all other past and present employees of NVR, Inc. whose primary duties involved the sale of homes or home construction for the homebuilding unit of NVR, Inc. (or one of its sub-entities such as Ryan Homes, NVHomes and Fox Ridge Homes). The general type of job duties are those similar to work performed by Sales and Marketing Representatives ("SMRs") and Sales and Marketing Associates ("SMAs").

The Plaintiff alleges that NVR, Inc. wrongfully classified these employees as "exempt" from overtime requirements and failed to properly pay overtime for all hours worked by these employees.

Plaintiff alleges that he is entitled to recover unpaid wages and overtime pay for all the years that defendant failed to properly compensate him because the actions of defendant were willful. Plaintiff also seeks an additional equal amount as liquidated damages and/or prejudgement interest, attorneys' fees, and costs.

On June 14, 2007, The Court conditionally certified the case as a collective action lawsuit and approved notice to be sent to all affected employees. The deadline to send in the necessary paperwork to join the lawsuit was September 12, 2007. In 2009, the Court approved a partial settlement for the Sales and Marketing Associates ("SMA") employees. The Sales and Marketing Representative ("SMR") claims are still being litigated at this time.

The case is being overseen by the Honorable David G. Larimer of the U.S. District Court for the Western District of New York.

Current Status of Lawsuit

On June 22, 2012, Class Counsel participated in a motion hearing in front Judge Larimer to discuss defendants' most recent motions for summary judgment and their motion to decertify the collective action, which was previously conditionally certified. Judge Larimer has not yet rendered a decision on these motions, which will determine how this case goes forward. In the coming months we anticipate the Court making this final determination as to whether the plaintiffs in this lawsuits are sufficiently similar to each other and are allowed to continue in this lawsuit together under both Federal and New York State law.

Contact Us

If you have further questions regarding this lawsuit or your participation in it, please contact Class Counsel at the following address:

Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
(585) 272-0540 (tel)
(585) 272-0574 (fax)