On February 2, 2012, Rowdy Meeks Legal Group LLC filed a lawsuit against BBVA Compass Bank on behalf of Mortgage Banking Officers for unpaid. BBVA Compass Bank claims that it is “among the top 20 largest U.S. commercial banks based upon deposit market share” and operates “716 branches” in seven states. The lawsuit is filed as a collective action, which means that other BBVA Compass Bank Mortgage Banking Officers and other like mortgage origination employees may join the case to seek their unpaid wages.
The lawsuit alleges that BBVA Compass Bank has violated federal wage and hour laws by failing to pay their Mortgage Banking Officers overtime. Prior to around April 2010, BBVA Compass Bank paid its Mortgage Banking Officers on a draw against commission, and did not pay overtime. But, the lawsuit claims that the nature of the duties performed by Mortgage Banking Officers does not qualify for any exemption from the federal Fair Labor Standards Act (FLSA) overtime requirements so BBVA should have been paying overtime.
Further, BBVA reclassified its Mortgage Banking Officers to hourly employees around April 2010. However, the lawsuit claims that BBVA Compass Bank refused and/or discouraged its Mortgage Banking Officers from reporting overtime hours which results in illegal non-payment of overtime.
According to the lawsuit, Mortgage Banking Officers commonly worked in excess of forty hours per week. Plaintiff has alleged that the principal job duty of Mortgage Banking Officers is to sell mortgages to individual consumers over the telephone or at the Bank’s offices.
The failure to pay employees their earned overtime wages and violates the FLSA. The FLSA provides for recovery of unpaid overtime wages, an equal amount for liquidated damages, attorney’s fees, and litigation costs. Back wages can be sought over a three-year period from the date the employee joins the case. Both present and former employees of BBVA Compass Bank may participate in the case.
Six former Mortgage Bank Officers have already joined the lawsuit. You can gain further information about the lawsuit at www.bbvacompassovertime.com.
This lawsuit has received extensive media coverage. Examples include: