don't let your boss keep it.
Briggle & Polan, PLLC, represents banking industry employees in claims that they have been improperly denied wages, bonuses and overtime compensation under the federal Fair Labor Standards Act (FLSA). The firm represents various lending industry employees in disputes involving improperly calculated wages and overtime compensation, including loan officers, financial services workers, mortgage brokers, escrow officers, bank loan officers, account managers, account executives, home mortgage consultants, home and commercial loan officers, loan consultants, loan processors, and bank employees. The firm represents bank and mortgage employees that work from a branch location, call center, home office or other banking facility.
Many banking industry employees are improperly classified as exempt employees and not paid overtime compensation for hours worked in excess of 40 hours per week. Other workers are misclassified as independent contractors by employers seeking to avoid paying overtime and other benefits of employment, such as pension and health care benefits. Our firm represents employees who are denied overtime compensation for work in excess of 40 hours per week, work on weekends, in evenings, during meal and lunch breaks, and before and after regular work hours.
The Department of Labor has made clear in a variety of opinions that mortgage loan officers and banking employees are entitled to overtime compensation as non-exempt employees. The DOL has determined that bank and loan industry employees who engage in marketing activities, collect and review customer information relating to “income, employment history, assets, investments, home ownership, debts, credit history, prior bankruptcies, judgments,” liens, run credit reports, and determine through computer software the appropriate loan products to offer to customers are entitled to overtime compensation. The work that requires payment of overtime compensation also includes job duties relating to loan underwriting, escrow, loan processing and completing documents as part of closings for clients.
Based on such job duties, the Department of Labor has concluded that the “typical job duties of a mortgage loan officer comprise a financial services business’ marketplace offerings, the selling of loan products. Their duties involve the day-to-day carrying out of the employer’s business and, thus, fall squarely on the production side of the business…” and therefore require the payment of overtime.
Banking employees who are not properly paid wages are entitled to claim back-pay, unpaid wages, liquidated damages (double damages), costs, interest and attorney’s fees.
Contact an attorney at Briggle & Polan, PLLC, directly if you are a banking industry employee, mortgage, escrow or loan officer in El Paso who has been improperly denied overtime compensation or has been improperly exempt from overtime compensation. Contact us today at 512-472-1926 or toll free 866-247-HELP for a free consultation.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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