Freedom Mortgage Faces Waiting Time Penalty Lawsuit

by Norman B. Blumenthal on May 23, 2018

blumenthal nordrehaug & bhowmik, california employment law, california employment law attorneys, waiting time penalty lawsuit, California waiting time penalty lawsuit, waiting time penalty suit, California waiting time penalty suitFreedom Mortgage Corporation, a residential mortgage lender service company, faces a California waiting time penalty lawsuit. The suit was filed by an employee claiming that they failed to provide appropriate overtime pay. The plaintiff, Michael G., is a San Diego resident. He filed the wage and hour lawsuit citing a violation of the California waiting time penalty requirement in addition to violations of the Fair Labor Standards Act or FLSA.

According to the wage and hour lawsuit based on California waiting time penalty requirement violations, the wage statements the plaintiff received were not accurate because they did not include overtime compensation. According to FLSA regulations, overtime pay is to be provided at a rate no less than one and one-half times the employee’s regular rate of pay for any overtime hours. Overtime hours are defined as any hours worked over eight in one day or 40 in one week. The case requires that the judge determine whether the failure to pay overtime was willful.

According to the plaintiff, he worked for Freedom Mortgage’s San Diego location as a loan officer from April 7, 2014 through October 13, 2015. His job duties required him to work in the inbound call center. His pay was based off of a 40-hour work week, including bonuses, but he claims he worked ab out 61 hours each week on average. Michael also claims that the company still owes him unpaid wages never provided at the conclusion of his employment with Freedom Mortgage. Due to the failure to provide the last paycheck on time allegedly leaves Freedom Mortgage in violation of the California waiting time penalty requirement under the state’s labor code provisions.

Other common overtime claims could involve: employers who mistakenly treat their employees as exempt from FLSA overtime requirements, employers failing to identify, record or simply compensate for “off the clock” hours employees spend performing job-related activities, employers failing to include wage augments like longevity pay when the employee’s overtime pay rate is calculated.

If you have questions about overtime pay requirements in California or if you are not being provided with overtime pay, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

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