Ohio District Court Conditionally Certifies FLSA Class of Over 1,600 Mortgage Loan Officers Seeing Unpaid Overtime

On September 29, 2012, Southern District of Ohio Judge Edmund Sargus conditionally certified a class of over 1,600 Mortgage Loan Officers who alleged that they were misclassified as exempt from the overtime laws. The Loan Officers worked for US Bank. As a result of the conditional certification order, the loan officers will be notified of the lawsuit and of their right to join. In granting conditional certification, Judge Sargus relied, in part, of the fact that the bank recently reclassified the loan officers in an across-the-board manner, a fact that contradicts the bank’s litigation argument that individualized inquiry is necessary to determine whether or not loan officers are overtime-exempt. The Judge also rejected the banks arguments that plaintiffs’ counsel acted improperly by contacting loan officers prior to obtaining conditional certification. By now it should be clear: mortgage loan officers generally are entitled to overtime pay under the FLSA. Mortgage loan officers also may be entitled to overtime under many state’s laws. Click here for a copy of Judge Sargus’s decision: http://docs.justia.com/cases/federal/district-courts/ohio/ohsdce/2:2011cv00593/147732/71/0.pdf?ts=1348842983

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