Murphy v. Lenderlive Network Inc, 1:13-cv-03135

Plaintiffs Murphy and Creazzo, former LenderLive underwriters, sue for FLSA overtime violations and WARN claims in D. Colo., seeking collective action treatment for similarly situated underwriters.
LenderLive Network, Inc. is a Tennessee corporation with principal place of business in Colorado and provides mortgage services; underwriters are nonexempt under the FLSA.
Plaintiffs allege defendant forced overtime work without compensation to meet 40-hour quotas, through clock-in directives, off-the-clock work, and inadequate time records.
Plaintiffs filed eleven declarations from former underwriters across offices nationwide describing quotas and off-the-clock practices; managers allegedly knew of uncompensated overtime.
Defendant opposes conditional certification, arguing no common policy and that any overtime was paid; it cites paid overtime totals and rogue managers as defenses.
Court grants conditional certification, applying the Tenth Circuit’s two-step approach and finding substantial allegations of a single policy or plan across offices.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the plaintiffs meet the initial notice-stage requirement	Murphy asserts a shared policy across offices	LenderLive claims no common policy; rogue managers only	Yes, the plaintiffs meet the initial stage burden.

Thiessen v. Gen. Elec. Capital Corp., 267 F.3d 1095 (10th Cir. 2001) (two-step framework; notice-stage lenient standard)
Boldozier v. Am. Family Mut. Ins. Co., 375 F. Supp. 2d 1089 (D. Colo. 2005) (notice-stage standard is lenient; certification possible with minimal allegations)