KJ McElrath  |  January 8, 2019

Category: Labor & Employment

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loan officer overtime leads to W&H lawsuitA class action lawsuit citing violations of California wage and hour laws has been filed by two plaintiffs in a loan officer overtime claim against Bank of America.

Among the alleged violations are failure to pay wages as required by law, reimburse “reasonable and necessary business expenses,” and provide accurate wage statements as well as violation of California’s “Unfair Competition Law.”

The lead plaintiffs in the current loan officer overtime claim, Tony N. and Duc U., were employed as mortgage loan officers at an Orange County branch of Bank of America (BoA) between December 2015 and November 2017.

Allegations Against the Bank

Both plaintiffs allege that BoA failed to pay them for their initial 30 day training period, which is estimated to be as much as $300 per week.

Following their training period, the plaintiffs say their job duties required that they use their personal vehicles for work-related travel, amounting to approximately 100 miles per week. They claim they were as not reimbursed for mileage, tolls, parking and other expenses.

The plaintiffs were also allegedly required to work from home in order to carry out their work duties, but state they were not reimbursed for job-related use of high speed internet, office supplies and necessary equipment.

In addition to the foregoing violations, Tony and Duc say the wage statements with which they were provided during their tenure were inaccurate, and upon termination of their employment, were not given their final pay within 72 hours as required by law.

Finally, their loan officer overtime suit claims violations of the state’s Unfair Competition Law, which includes “unfair, deceptive, untrue or misleading advertising” and “conduct…injurious to employees, offends public policy and is immoral, oppressive and unscrupulous.”

The Defendants

Besides Bank of America, the plaintiff’s loan officer overtime claim names the branch manager under whom they worked as a defendant. Although the complaint states that he is “substantially responsible for the direct acts and statutory violations” listed, it also acknowledges that he did his job as required by the bank’s “business process, policies, practices and procedures.”

Even though the co-defendant was simply doing his job, the plaintiffs seek to hold him responsible by virtue of having been the one in charge and responsible for carrying out Bank of America’s policies. Other branch managers will similarly face liability in this loan officer overtime claim.

Others With a Loan Officer Overtime Claim

Since Bank of America does business throughout the state of California, this loan officer overtime claim could represent a large plaintiff Class. Should they be found liable, defendant Bank of America faces substantial penalties under California’s wage and hour laws.

On the allegation of failure to provide accurate wage statements, the defendant could wind up having to pay as much as $4,000 per claimant. Other banks accused of unpaid overtime have settled wage and hour claims in the millions.

The plaintiffs seek to represent a Class including anyone who worked as a mortgage loan officer at a Bank of America branch in the state of California and was employed between July 11, 2014 and the start of the trial.

The present Loan Officer Overtime Claim Class Action is Case No. 8:18-cv-02169, Superior Court of California, Orange County.

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