Important Information

Introduction

This webpage informs you of the existence of a potential class action lawsuit in which you potentially are "similarly situated" to the named Plaintiffs; to advise you of how your rights may be affected by the lawsuit; and to instruct you on the procedure for participating in the suit, should you decide that it is appropriate and should you choose to do so.

Background

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 (“SMR’s”) and Sales and Marketing Associates ("SMA's").

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. This lawsuit is currently in the early pretrial stages.

The court has approved notice. If you decide to join this lawsuit, the consent form and attached information sheet must be postmarked no later than Wednesday, September 12, 2007, in order to allow plaintiff’s counsel sufficient time to file the opt in consent form with the federal court.

Composition of the Class

The named Plaintiff seeks to sue on behalf of himself and also on the behalf of other employees with whom he is similarly situated.

Specifically, the Plaintiff seeks to sue on behalf of any and all employees who were employed as SMR’s or SMA's and/or performed the duties of an SMR or SMA and who at any time between October 29, 2001 and the present were not paid fully for and should have been paid overtime.

The class consists of those employees who in the time period described above were suffered or permitted to work more than 40 hours in a week by NVR, whose job duties included performing sales functions and whose job duties did not require the individual to be away from the employer’s premises more than 80% of the time and who did not receive compensation at time and one half for hours they worked over 40 in a week.

Your Right to Participate in the Suit

If you fit the definition above, you may join this lawsuit (that is, you may "opt in") and allow us to investigate your claim by mailing the "Consent to Become a Party Plaintiff" form to Plantiffs' counsel by Wednesday, September 12, 2007 at the following address:

NVR, Inc. Class Action Lawsuit
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
(585) 272-0540 (tel)
(585) 272-0574 (fax)

If you file a "Consent to Become a Party Plaintiff" form, your continued right to participate in the suit may depend upon a later decision by the District Court that you and the Plantiffs in this action are actually "similarly situated" in accordance with federal law.

Effects of Joining this Lawsuit

If you choose to join the suit, you will be bound by the Judgment, whether it is favorable or unfavorable. While this suit is proceeding, you may be required to respond to written questions, sit for depositions and/or testify. The attorneys for the class will work to ensure this is with minimum inconvenience to you. In addition, the attorneys for the class plaintiffs are being paid on a contingency fee basis, which means that if there is no recovery, there will be no attorney's fee. If there is a recovery, the attorneys for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.

By joining this potential lawsuit, you designate the class representatives as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit.

These decisions and agreements made and entered into by the representative plaintiff will be binding on you if you join this potential lawsuit. If you would like to see a copy of the retainer agreement entered into by the class representative, please contact the law firm representing you in this matter.

No Legal Effect in Not Joining this Lawsuit

If you choose not to join this suit, you will not be affected by any judgment or settlement rendered in this case as to the federal claims, whether favorable or unfavorable to the class. If you choose not to join in this lawsuit, you are free to file your own lawsuit under federal law. However, if you delay in joining this lawsuit, the statute of limitations will bar any recovery for two or three years prior to joining or commencing such an action.

No Retaliation Permitted

Federal law prohibits NVR, Inc. from discharging or in any other manner discriminating against you because you have exercised your rights under the Fair Labor Standards Act.

Your Legal Representation If You Join

If you choose to join this lawsuit your interests will be represented by the named plaintiff through his attorneys as counsel for the class. Counsel for the class is:

Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
585-272-0540
Contact Us

Further Information

Further information about this Notice, the deadline for filing a "Consent to Become a Party Plaintiff", or questions concerning this lawsuit may be obtained by writing Plaintiffs' counsel at the address shown above.

NVR, Inc. Class Action Lawsuit