Two former MetLife Home Loans underwriters have filed a class action lawsuit seeking back pay for unpaid overtime. The underwriters allege that MetLife Home Loans misclassified them as being exempt from overtime pay requirements. MetLife paid the underwriters a salary and no overtime for hours worked in excess of 40 hours per week. Recently, and prior to the lawsuit, MetLife Home Loans re-classified its underwriters as eligible for overtime, started paying them overtime, but the company has failed to pay the underwriters for their previous overtime hours worked prior to the reclassification. The former employees who filed the suit are seeking class action status for a nationwide class of current and former MetLife Home Loans underwriters.
This is not the first overtime class action lawsuit brought by loan underwriters claiming they were misclassified as exempt. In November of 2009, underwriters for J.P. Morgan Chase won a class action lawsuit against the company. The U.S. Court of Appeals for the Second Circuit held that J.P. Morgan was not justified in refusing to pay overtime. The Court found that J.P. Morgan’s justification for not paying underwriters overtime pay – the administrative exemption – did not apply to underwriters because they are not administrative employees. Rather, according to the Court, underwriters engage in production work relating to loan sales.
Currently, our firm represents employees in similar FLSA litigation. Also, in an effort to help workers who have been wrongly denied their overtime compensation, our lawyers routinely pursue class action litigation under the Fair Labor Standards Act to recover unpaid overtime wages. For more information, contact Larry Golston at 800-898-2034, by email at Larry.Golston@beasleyallen.com, or visit our website at www.beasleyallen.com.
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