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Loan Officer for mortgage brokerage wins overtime judgment for $30,000.

A loan officer who worked for a mortgage brokerage in West Palm Beach was awarded $30,000 in unpaid overtime. The loan officer was paid commission only for all of her work, despite the fact that she worked approximately 48-50 hours per week. The mortgage brokerage incorrectly assumed that, since the loan officer was paid commissions only, it did not have to keep time records nor did it have to pay overtime. The mortgage brokerage argued that the loan officers were exempt outside salespeople. Robert S. Norell, P.A. successfully demonstrated that the loan officer’s position was that of “inside sales,” and not subject to the outside sales exemption. Although many loan officers make some sales outside of the office, most sales are consummated inside the office via the telephone, fax and internet (e-mails). The judge issued an order finding the mortgage brokerage to be in violation of the Fair Labor Standards Act and awarded the loan officer all of her unpaid overtime, plus an equal amount for liquidated (double) damages, and a separate amount for her reasonable attorney’s fees and costs.

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