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Nonpayment of Overtime to Mortgage Loan Officers


Employers are required to pay their employees overtime for any hours worked over 40 each week. North Carolina and Federal law allow for exemptions from the rules for certain employees. Many companies wrongfully attempt to take advantage of these exemptions to avoid paying employees overtime. Mortgage loan officers are oftentimes mislabeled as exempt from the Fair Labor Standard Act’s (FLSA’s) overtime requirement. The experienced attorneys at Maginnis Howard, PLLC have experience assisting mortgage loan officers in getting the the nonpayment of overtime they are owed.

Mortgage loan officers are generally denied overtime based on the “administrative exemption.” To meet the administrative exemption, a mortgage loan officer must be paid a salary of at least $455.00 per week and have a primary duty of performing office or non-manual work that is directly related to the management or general business operations of the employer. Additionally, the mortgage loan officer must exercise discretion and independent judgment in matters of significance.

To be exempt from overtime compensation, the Department of Labor requires the primary duty of mortgage loan officers to be the performance of office work directly related to the management or general business operations of the company. Because the mortgage loan officer’s primary duty is typically making sales, they are not exempt from overtime compensation.

If you feel that you are wrongfully denied overtime pay, contact the Raleigh unpaid wage and overtime lawyers at Maginnis Law, PLLC at 919.960.1545 for a free consultation regarding your rights. Maginnis Law, PLLC is a Raleigh firm handling employment cases dealing with unpaid wages and overtime throughout Wake County, Cary, Apex, Durham, Vance County, and Henderson. The firm takes certain wage and hour/overtime cases throughout North Carolina, particularly when groups of workers are involved. Contact the firm to discuss your overtime claim today or submit a confidential new case inquiry here.