Loan Officer Overtime Pay Lawsuit Alleges Employees Were Consistently Underpaid

A loan officer overtime pay lawsuit alleges Contour Mortgage Corporation failed to pay minimum wage and for all hours worked.

Plaintiff Gabriel K. worked for Contour as a mortgage loan originator from March 2017 through November 2017. He says he was denied minimum wage and overtime compensation in violation of federal and state wage and hour laws under the Fair Labor Standards Act (FLSA).

Gabriel and fellow non-exempt employees sold mortgages to customers over the phone. They were paid on a draw against commission basis, which allowed Contour to recapture any minimum wage and overtime money. As a result, Gabriel and fellow loan officers were paid on a commission-only basis, which prompted his loan officer overtime pay lawsuit.

Loan Officer Overtime Pay Lawsuit Alleges No Limit to Hours

Gabriel alleges that he and fellow loan officers worked more than 40 hours per week without minimum wage or overtime compensation for all of the hours worked.

He usually worked at least five days per week, starting early in the morning. His work went into the evenings and weekends, which resulted in his working more than 40 hours per week on a consistent basis.

His regular schedule was Monday through Friday, 8 a.m. to 7 p.m. He also worked three or four weekend days each month. Gabriel completed additional work duties at all hours by using his cell phone to send and receive emails, texts and phone calls for business-related purposes. He worked an average of 60 hours per week.

According to the loan officer overtime pay lawsuit, Gabriel worked 75 hours the week beginning June 18, 2017. He took loan applications and collected required documents for a high volume of customers and worked a minimum of 35 hours of overtime that week. He was not paid for any of that overtime.

Contour allegedly knew Gabriel and other loan officers worked more than 40 hours per week because the employees were required to receive and answer phone calls, emails, and text message from managers, customers, and realtors at night and on the weekends.

Contour managers also witnessed Gabriel and other loan officers working “in the office during and outside of ‘normal’ business hours,” indicating the employees were working those hours without proper compensation.

Contour allegedly did not require Gabriel to clock in and out to keep accurate records of his work time and allegedly would even change his time clock entries.

Contour “is aware of wage and hour laws, as evidenced by the fact that they provide minimum wage and overtime compensation to other employees who are not loan officers,” alleges the loan officer overtime pay lawsuit.

In addition, courts and the U.S. Department of Labor have determined that mortgage loan officers are non-exempt, which means they are entitled to minimum wage and overtime pay for all their hours worked.

The Loan Officer Overtime Pay Lawsuit is Case No. 1:18-cv-00237-ELH in the U.S. District Court for the District of Maryland.

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