A former mortgage loan officer alleges that Capital One refused to pay him and other workers for overtime.
According to the Capital One overtime lawsuit, mortgage loan officers were hired as non-exempt hourly employees. Under federal law, alleges the plaintiff, he and others were entitled to time-and-a-half for any work over 40 hours a week. However, Capital One refused the workers overtime pay.
The plaintiff says he began working for Capital One as a mortgage loan officer in November 2014. He says that he routinely worked 60 hours a week and also worked weekends, but the bank refused to pay him for any overtime. Further, Capital One did not keep track of the hours he worked or use any timekeeping system, according to the lawsuit.
The plaintiff seeks to represent Capital One mortgage loan officers, including senior mortgage loan officers and loan officers, as well as mortgage loan originators and anyone who held a similar position with the bank. The lawsuit alleges that Capital One knew its loan officers were working overtime because the bank expected them to be available via phone and email on evenings and weekends.
“Plaintiff and other Mortgage Loan Officers regularly worked at least five days a week,” alleges the Capital One overtime lawsuit. “They usually began work in the early morning. In addition, Plaintiff and other Mortgage Loan Officers regularly worked into the evenings and on the weekends, causing their hours worked to exceed forty in a week on a regular basis.”
The Capital One overtime lawsuit alleges that the bank violated the federal Fair Labor Standards Act by refusing to pay minimum wage and overtime. Further, says the lawsuit, Capital One failed to maintain accurate records of the time worked by its loan officers.
The plaintiff alleges that Capital One has a policy of denying claims for overtime by its mortgage loan officers by using a commissions system.
“Defendants paid Plaintiff and other Mortgage Loan Officers on a draw against commission basis. As a result, Defendants recaptured any minimum wage and/or overtime compensation paid to Plaintiff and other Mortgage Loan Officers which essentially resulted in Defendants paying them on a commission only basis,” alleges the Capital One overtime lawsuit.
The plaintiff says that he and other mortgage loan officers were also not provided with accurate paychecks and Capital One did not provide a timekeeping system to track the hours they worked.
Employee Classification and Overtime
Under federal law, hourly non-exempt employees are entitled to overtime pay for working more than 40 hours a week. While other classifications of employees, often salaried workers with college degrees, are not entitled to overtime, the federal government provides some degree of protection for non-exempt employees.
Employers have an obligation to ensure they are paying their workers fairly under federal and state employment laws. Employees who claim that their employer is not paying fair wages under the law are protected from retaliation; however, it can be intimidating for an employee to take on their employer regarding pay.
The Capital One Overtime Lawsuit is Jeffrey D. v. Capital One Home Loans LLC, et al., Case No. 3:17-cv-03236-G, in the U.S. District Court for the Northern District of Texas, Dallas Division.
If you’re concerned that your employer is not paying you the amount you are entitled to under law, contact an attorney. The attorneys at Bradley/Grombacher are currently investigating wage and hour claims.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.