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Continental Bank Loan Offficer Unpaid Overtime Class Action Lawsuit

Pennsylvania Loan Officer Cheri Uhrinek has filed a class action suit against her former employer, Continental Bank, for allegedly violating state wage laws. Uhrinek is filing the suit on behalf of herself and other loan officers who worked for Continental Bank. The nature of the plaintiff’s case is based on assertions that Continental Bank knowingly misclassified its Loan Officers as exempt employees and failed to pay them any wages for overtime hours worked, infringing on the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.

 

Continental is a community bank with eight branches in Eastern Pennsylvania. They provide customers commercial and mortgage banking services. Uhrinek worked as a Continental Bank Loan Officer from April 2010 to December 2013. Her job entailed finding new clients for the bank, discussing mortgages with borrowers, and selling residential mortgage loans. As a salesperson, she and other Continental Loan Officers were not primarily responsible for performing work directly related to the management or general operations of the bank. Yet, Continental Bank maintained common, company-wide policies that classified the plaintiffs as exempt from federal and state overtime law requirements. The class suit members regularly worked more than forty hours per week in order to increase sales and meet production goals, yet were not compensated for the time.

 

The suit alleges that the Continental Bank Loan Officers were regularly permitted to arrive early, stay late, and perform work-related tasks on the weekends. Additionally, the Loan Officers were paid a commission only in the case of making a sale. Since pay periods could often pass without a sale being made, the lawsuit alleges that Continental Bank failed to pay its Loan Officers all minimum wages due to them.

 

On March 24, 2010, the United States Department of Labor’s Wage and Hour Division addressed the exempt status of Loan Officers in a statement. The Department concluded that employees who perform the typical duties of a mortgage loan officer do not qualify as bona fide administrative employees, and are not exempt from the Fair Labor Standards Act’s provisions for overtime compensation. Thus, asserts the lawsuit, Continental Bank should have reclassified its Loan Officers accordingly after March 24, 2010.

 

Cheri Uhrinek and her class members are seeking to recover unpaid overtime compensation, liquidated damages, and other relief related to Continental Bank’s disregard of the Fair Labor Standard Act.

 

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Loan Officer sues Continental Bank alleging unpaid overtime violates FLSA

September 22, 2015

Here is the complaint.  Like most wage & hour complaints it is bare bones.  

continental_bank_loan_officer_complaint.pdf

Case Event History

Loan Officer sues Continental Bank alleging unpaid overtime violates FLSA

September 22, 2015

Here is the complaint.  Like most wage & hour complaints it is bare bones.  

continental_bank_loan_officer_complaint.pdf
Tags: Employment Violations, Unpaid Overtime, Your Job