William Rushforth, a former Bank of America mortgage loan officer, filed a lawsuit in January 2011 under the Fair Labor Standards Act, alleging that Bank of America improperly failed to pay him and other loan officers overtime pay. The class action lawsuit, filed in the U.S. District Court for the Southern District of Texas, accuses the United States’ largest bank holding company of intentionally misclassifying mortgage loan officers as exempt from overtime in order to avoid paying these employees compensation for overtime.
According to the lawsuit, Rushforth and other similarly-situated employees were paid commissions rather than a salary or hourly wage for their services. In addition, the Complaint alleges that the mortgage loan officers at Bank of America and its affiliate companies routinely worked more than 40 hours per week without receiving compensation at time-and-a-half of the employees’ respective pay rate. In April 2010, the federal Judicial Panel on Multi-District Litigation (MDL) directed that twelve similar cases be combined for litigation against Bank of America. Like the Rushforth case, the MDL lawsuits were filed by mortgage loan officers who alleged that they also were misclassified as exempt employees and denied overtime compensation.
The MDL litigation is still pending and is very active. In an effort to help workers who have been wrongly denied their overtime compensation, lawyers in our firm routinely pursue class action litigation under the Fair Labor Standards Act to recover unpaid overtime wages. In fact, we are currently pursuing claims of unpaid overtime compensation on behalf of mortgage loan officers, pharmaceutical sales representatives and managers/assistant managers who have been improperly misclassified as being exempt from overtime compensation. For more information, you can contact Larry Golston or Lance Gould, lawyers in our firm, at 800-898-2034 or by email at Larry.Golston@beasleyallen.com or Lance.Gould@beasleyallen.com. You can also visit our website at www.beasleyallen.com.
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