On December 17, 2010, three JPMorgan Chase Home Lending Retail Sales In-Footprint Mortgage Loan Officers sued JPMorgan Chase (“Chase”) for misclassifying them as exempt employees and failing to pay them overtime.  The lawsuit is Timothy P. Martinez et al v. JPMorgan Chase Bank, N.A. et al, Case No. 3:10-CV-02575-B, filed in Northern Texas Federal District Court in Dallas, Texas.

The lawsuit alleges Chase employs more than 2,400 Retail Sales In-Footprint Mortgage Loan Officers at more than 5,100 Chase bank branches in 23 states.  A vast majority of Retail Sales In-Footprint Mortgage Loan Officers sell mortgages from their bank branches  and telephones, and thus are believed to be victims of Chase’s pay practices challenged in the lawsuit.  Federal law may permit these Mortgage Loan Officers to recover unpaid overtime wages for all hours worked in excess of 40 per work week, plus an equal amount for liquidated damages, pre-judgment and post-judgment interest, and attorneys fees and litigation costs.  These Chase Mortgage Loan Officers can seek unpaid wages for the past two- or three-year period from the date the employee joins the case, depending on whether the Court determines that Chase willfully violated the Fair Labor Standards Act (FLSA).

The lawsuit contends that Chase’s failure to pay their Retail Sales In-Footprint Mortgage Loan Officers overtime wages violates the FLSA.  The individuals filed the lawsuit as a nationwide collective action for Retail Sales In-Footprint Mortgage Loan Officers who work outside of California, which means that other such Mortgage Loan Officers outside of California may be able to join the lawsuit and seek their unpaid wages.  Several such Mortgage Loan Officer have already opted in to join the lawsuit.

Rowdy B. Meeks of Rowdy Meeks Legal Group LLC is representing the Chase Retail Sales In-Footprint Mortgage Loan Officers in the lawsuit.