Fitapelli & Schaffer LLP has filed a class action lawsuit against U.S. Bancorp, alleging that U.S. Bank mortgage loan officers were not properly paid for all hours worked, including overtime.

The lawsuit, filed in the U.S. District Court for the Southern District of New York, seeks to recover unpaid wages and other damages for mortgage loan officers or mortgage loan originators who worked for U.S. Bank in New York and New Jersey since September 15, 2020. Fitapelli & Schaffer attorneys Brian S. Schaffer and Dana M. Cimera are representing the Plaintiff and proposed classes, with Joseph H. Chivers serving as co-counsel.

Alleged Off-the-Clock Work

According to the Complaint, Plaintiff worked as a mortgage loan officer for U.S. Bank from approximately October 2021 through May 2023. He reported to a New York office and manager and oversaw a New York territory while generally working remotely from New Jersey.

The Complaint alleges that Plaintiff regularly worked 9 to 12 hours per day, six days a week, but generally recorded only 40 hours in most workweeks. As a result, the lawsuit claims he was not paid for all of the overtime hours he worked.

The lawsuit further alleges that U.S. Bank required mortgage loan officers to perform substantial work outside their recorded hours. This allegedly included responding to phone calls and emails, processing mortgage applications, and completing paperwork integral to their job duties. According to the Complaint, U.S. Bank knew that employees were working additional hours and had policies and practices that discouraged employees from recording all of their time.

Overtime on Commissions

The Complaint also alleges that U.S. Bank mortgage loan officers were paid an hourly rate as well as commissions based on the sale of mortgage products. The lawsuit claims that employees were not properly compensated for overtime associated with their commission earnings.

In addition, the lawsuit alleges that mortgage loan officers were required to use their own home internet services and cell phone data for work-related purposes without reimbursement. The Complaint also claims that employees received wage statements that did not accurately reflect the number of hours they actually worked.

Proposed New York and New Jersey Classes

The lawsuit seeks to represent classes of mortgage loan officers who worked or currently work for U.S. Bank in New York or New Jersey beginning September 15, 2020. The Complaint alleges that there are more than 50 potential class members in each state who were subject to common employment and pay practices.

The lawsuit asserts claims under the New York Labor Law, the New Jersey Wage and Hour Law, and the New Jersey Wage Payment Law. It seeks unpaid overtime and other wages, liquidated damages, statutory penalties for inaccurate wage statements, interest, and attorneys' fees and costs.

If you are a current or former U.S. Bank mortgage loan officer who worked unrecorded time and/or overtime without receiving all of the wages you earned, you may have a claim for unpaid compensation. Contact Fitapelli & Schaffer LLP for a free and confidential consultation.