Rowdy Meeks Legal Group LLC and Stueve Siegel Hanson LLP recently filed a second lawsuit against Bank of America on behalf of Mortgage Origination Employees for unpaid overtime. Bank of America acquired Countrywide in 2009 and now has Mortgage Origination Employees in over 850 locations across the United States. The lawsuit was filed as a collective action, which means that other Bank of America Mortgage Origination Employees who originated mortgages may join the case to seek their unpaid wages. The lawsuit is Cramer et al v. Bank of America, N.A. et al, Case No. 1:12-cv-8681, pending in Northern District of Illinois Federal Court in Chicago.
Employment attorneys Rowdy Meeks Legal Group LLC previously sued Bank of America and Countrywide in August 2010 on behalf of Mortgage Loan Officers and Home Loan Consultants. The previous lawsuit was Kelly et al v. Bank of America et al. Current and former Bank of America Mortgage Loan Officers should contact us if they did not participate in that lawsuit.
This current lawsuit seeks overtime for other Bank of America Mortgage Origination Employees including (but not limited to) Retail Sales Managers, Account Executives, LoanLine Sales Manager, Sales Leader, Manager NCS Production, LoanLine Sales Assistant Manager, Renovation Loan Originator, Home Loans Manager, and Mortgage Loan Associates.
The lawsuit alleges that Bank of America violated federal and Illinois wage and hour laws by failing to pay their Mortgage Origination Employees overtime. Bank of America pays Mortgage Origination Employees on a salary, exempt basis and instructs them that they are not entitled to overtime compensation. The suit, however, claims that the nature of the origination duties performed by Mortgage Origination Employees precludes any exemptions from the Fair Labor Standards Act (FLSA) overtime requirements.
According to the suit, Mortgage Origination Employees commonly work in excess of forty hours per week. Plaintiffs have alleged that the principal job duty of Mortgage Origination Employees is to sell mortgages to individual consumers from Bank of America offices or over the telephone. Mortgage Origination Employees do not regularly sell mortgages at consumers’ homes or places of business.
The failure to pay employees their earned overtime wages violates the FLSA and Illinois law. 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 Bank of America may participate in the case and should immediately contact us to do so.