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Is a mortgage broker entitled to overtime pay for more than 40 hours of work?

Yes, a mortgage broker is entitled to overtime pay for more than 40 hours of work in a single work week, unless exempt from the Fair Labor Standards Act (FLSA). If you believe you have been wrongfully denied overtime, the best option is to contact an experienced attorney who can advise you on your rights.

Depending on the specific facts of the case, some Mortgage Brokers may be properly classified as exempt employees who are not entitled to overtime pay.  Courts will consider all of the following factors in deciding whether a Mortgage Broker is entitled to overtime pay: amount of compensation; pay structure (hourly wage or salary); the employer’s production requirements; whether the employer conducts some portion of its business as a direct lender; whether the Mortgage Broker works as an “inside” or “outside” salesperson; the exact nature of the employer’s business; and the percentage of time the Mortgage Broker spends performing other job duties.

To determine whether you are eligible to file a wage claim, contact our experienced Mortgage Broker Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim.

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