As this blog has discussed, the Federal Labor Standards Act (FLSA) requires that all employees be paid the standard overtime rate (1 1/2 their normal hourly rate) for any and all hours worked in excess of eight hours a day and forty hours a week. There are exceptions though, whereby certain employees can qualify as exempt from overtime pay. According to the FLSA, these exceptions include employees working in a professional, administrative, or executive capacity. However, they must fulfill certain requirements in order to fit these classifications.
JPMorgan Chase is currently getting sued by two former appraisers who were allegedly misclassified as exempt from overtime. Chase allegedly classified the appraisers as administrators and, on that basis, refused to pay them overtime.
The employees’ duties involved appraising the value of property but they did not have the authority to make administrative decisions about the value of the properties they evaluated. Rather, they were given formulas to determine the value of the properties and they were not permitted to deviate from those formulas. Because they did not have the authority to make decisions based on their own judgment and experience, the appraisers do not fulfill the requirements for classification of overtime exemption. Some of the appraisers who would qualify to participate in the class, should it get certified, are “review appraisers” which means they merely look over the work of others in their department. This makes them little more than “glorified proofreaders” according to Bryan Schwartz, the lead attorney for the plaintiffs, and, as such, they cannot qualify for overtime exemption.
In order to qualify for bonuses, the appraisers had to meet certain billing goals, which required them to work overtime on evenings and weekends. The lawsuit alleges that Chase regularly had its appraisers working more than 70 per week in order to meet these benchmarks.
The lawsuit, filed in federal court in Santa Ana, is seeking millions of dollars in unpaid overtime for about 150 appraisers.
The Chicago FLSA attorneys at the Chicago Overtime Law Center are investigating unpaid overtime claims against Banks and real-estate companies for misclassifying appraisers or loan officers as managers, erasing or altering time sheets or time records, pressuring workers not to report or record overtime, and otherwise failing to pay workers for overtime and other wages. If you are the victim this practice call us at (312) 869-4095 or contact us online.
The Chicago unpaid overtime lawyers at the Chicago Overtime Law Center have decades of experience fighting for wage earner’s rights. We have a team of Chicago unpaid overtime attorneys who focus on nationwide class action lawsuits and work out of Chicago and Oak Brook offices and prosecute claims for workers all over the Chicago area including Schaumburg and Woodstock. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, McHenry Kane and Cook Counties.
Our Hoffman Estates and Rolling Meadows overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at (312) 869-4095 or through our online form.v