All Press Releases for November 19, 2015

Mortgage Loan Processors Represented by Nichols Kaster, PLLP Challenge Open Mortgage's Decision to Deny Overtime Pay

The Complaint alleges that Open Mortgage willfully denied its processors overtime pay by improperly classifying them as exempt from the FLSA's overtime protections.



Open Mortgage misclassified its loan processors as exempt, denying them overtime pay that they earned and deserve under the law

    MINNEAPOLIS, MN, November 19, 2015 /24-7PressRelease/ -- On Monday, November 16, 2015, two former mortgage loan processors filed a Fair Labor Standards Act (FLSA) Complaint in federal court against Open Mortgage, LLC. The named Plaintiffs filed their FLSA claims on behalf of themselves and other "similarly situated" employees, which include mortgage loan processors, reverse mortgage loan processors and individuals in other job titles performing similar duties (collectively "processors"), who worked for the company anywhere in the United States during the past three years. The Complaint alleges that Open Mortgage willfully denied its processors overtime pay by improperly classifying them as exempt from the FLSA's overtime protections. The Complaint further alleges that Defendant required the named Plaintiffs and those similarly situated to work over 40 hours per week to meet their production quotas. The named Plaintiffs were paid a salary and production-based bonuses, but received no overtime compensation for the overtime hours they worked. These employees seek to recover unpaid overtime and double damages.

Open Mortgage, LLC is a Texas company with its corporate headquarters located in Austin, Texas. It is a mortgage banker providing a wide variety of mortgage programs, including conventional mortgages, refinance, FHA loans, and reverse mortgages. The company provides loan origination, processing, and underwriting services at its 15 branches in several states throughout the United States, including Texas.

Reena I. Desai, who represents the plaintiffs stated, "Open Mortgage misclassified its loan processors as exempt, denying them overtime pay that they earned and deserve under the law. We seek to recover these unpaid wages for our clients and other loan processors through this lawsuit."

Plaintiffs are represented by Paul J. Lukas and Reena I. Desai from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case was filed in federal court in the Western District of Texas, Court File No. 1:15-cv-01037.

Additional information may be found here www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Nichols Kaster is a nationally recognized plaintiffs firm that focuses on representing employees and consumers whose rights have been violated. The firm was selected as a member of the National Law Journal's Litigation Boutiques Hot List, ranked as a Best Law Firm by U.S. News & World Report, selected as a top plaintiffs' employment law firm by Law360 and named one the top 50 Elite Trial Lawyers by The National Law Journal and Law.com.

The firm is led by its partners, who are regularly selected by their peers as Super Lawyers, and sit on the boards of numerous professional organizations, including the National Association of Employment Lawyers, the ABA Fair Labor Standards Legislation Committee and the Council for the Minnesota State Bar Association's Consumer Litigation Section.

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Contact Information

Reena I. Desai
Nichols Kaster, PLLP
Minneapolis, MN
United States
Voice: (877) 448-0492
E-Mail: Email Us Here