Fair Labor Standards Act CaliforniaArticle by Matthew A. Kaufman, Esq. |
Areas of Practicecalifornia labor laws |
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Department of Labor Finds that Mortgage Loan Officers are Non Exempt and Could Receive Overtime Pay The Mortgage Loan Officers followed up on leads for customers, collected customers’ financial, ran credit reports, and input the information into a computer program. The employees explained loans and their terms and conditions, and tried to meet the customer's needs. They forwarded their information to an underwriter or loan processor to prepare the final mortgage documents. According to the Department of Labor, this did not qualify as "administrative" work necessary for the administrative exemption. Rather than administering their employer's business, the employees evaluated customers, screening them for the benefit of their employer. The Department of Labor concluded that the loan officers had the primary duty of making sales. Other factors influencing the Department of Labor's opinion are that the mortgage loan officers were paid by commission or other type of incentive related to sales, got trained in selling, and were evaluated by sales volume. About Kaufman Law Firmlitigating on behalf of thousands of employees
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