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Case 1:03-cv-02485-MSK-PAC

Document 367-2

Filed 03/07/2006

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EXHIBIT S

Case 1:03-cv-02485-MSK-PAC

Document 367-2

Filed 03/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
DUANE McCLAIN and
ALES IA MILES,

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Plaintiffs,
vs.
CIVIL ACTION FILE NO. 1:05-CV-0416-TWT

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HEARTLAND HOME FINANCE,

INC. ,
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Defendant.

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1 3 R u 1 e 3 0 (b) (6) De p 0 sit ion 0 f THOMA S E.

14 BECK, taken on behalf of the Plaintiff, pursuant to
15 the stipulations contained herein, before Lori Roy, 16 RPR, CCR No. B-2278, at Suite 1100, 1180 West 17 Peachtree Street, Atlanta, Georgia, on Wednesday,

1 8 Au g us t 1 7, 2 0 0 5 , co mm en c i n g at the h 0 u r 0 f 11: 2 0 19 a.m.
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23 Shugart & Bishop

24 Suite 300, Building 27

Certified Court Reporters
1640 Powers Ferry Road

25 Marietta, Georgia 30067

Case 1:03-cv-02485-MSK-PAC

Document 367-2

Filed 03/07/2006

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Q Was it your understanding that since
there were minimum wage violations at the Dayton,

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Ohio, office that there could be violations at
other offices that Heartland had across the country, that they were paid the same way as the
Dayton, Ohio, loan officers, right?

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A Yes.
Q Are you aware of the company doing
any investigation on a nationwide scale or an
audi t, for example, to determine whether or not

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other employees were paid minimum wage besides the

Dayton, Ohio, folks?

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A Yes, we did do some investigation
because at that time there were two other DOL cases
that had arose -- arisen during this period in

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time.

Q Wha t did the company do? A Well, what we did was we determined
that irrespective of the issue of whether loan
officers were exempt or nonexempt, we thought it

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was a prudent policy to adopt a $500 draw, and we did so in July of 2002 effective for all of our

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offices.
We also at that time instituted a

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time sheet policy which we had not had prior to