Florida-based CBC National Bank is being accused of improperly paying its mortgage processors who work from home. One of the processors has filed a case in a federal court against the bank seeking unpaid wages for herself as well as other affected workers. She is seeking for her case to receive class-action certification.
According to the complaint, the plaintiff was required to organize and collect paperwork from customers so that their applications could be processed. She alleges that CBC classified her and those in similar jobs as being exempt from the Fair Labor Standards Act. The woman contends that she should have been eligible under the FLSA, which means that she would be able to receive time-and-one-half when she worked more than 40 hours a week. The woman claims that CBC never required her to record the number of hours that she worked, and most weeks, she worked about 60.
The plaintiff claims that she was paid $60,000 a year bi-monthly and also was given a bonus for each processed mortgage. With everything taken into consideration, she was reportedly paid approximately $29 an hour. However, the plaintiff claims that, even if her bonuses were not considered, the extra 20 hours per week that she worked if paid at an overtime rate should have resulted in over $90,000 in missing pay from the last two years.
The woman claims that CBC was aware or should have been aware that it was not paying its processors overtime in accordance with the FLSA. Additionally, the bank allegedly did not keep records of how long the employees were working each week. The plaintiff is seeking payment for the unpaid wages for herself and other similarly affected workers as well as legal costs and damages. The class of workers who could be a part of this case would include processors from Florida and several other states.
Source: cookcountyrecord.com, "CBC National Bank hit with FLSA class action over OT pay for home-based mortgage processors", Scott Holland, Feb. 17, 2016