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Mortgage Labor Laws California

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  • Mortgage Labor Laws California

    Ok, Well..I have a whole slew of questions, that I hope can be answered. I have been working for a mortgage company for a year now, and the pay is commission only. We are payed once a month with a pay period ending on the 15th of each month, in order to be paid on the following 1st. (Ex. if a file were to close on the 17th of AUGUST, commission would not be paid until the 1st of OCTOBER, because the pay period for the 1st of Sept. ended on the 15th of Aug.) Are these kind of pay periods legal?

    Also, even though we work strictly for commission, we are required to be in the office 8-10 hrs a day, 5 days a week, and occasional Saturdays. No compensation is paid for overtime or regular work week hours if a file has not closed for the pay period. Are there any laws requiring mortgage companies to compensate employees?

    Next, I recently was promoted to a management position, in which I was verbally told that there would be a 3 month initial salary + commission, and commission only following the initial 3 months. I had been receiving a 30% commission split when hired from the beginning and the commission stayed the same during this transfer. During the 2nd month of the new position, I was told my commission was dropping to 20%, and on the 3rd month, they verbally told me that the 3rd month of salary was actually a draw, and therefore without my permission deducted the entire amount (for 1 month) from the 3rd month commission check. Is there anything I can do about either the drop in commission or the deduction from my check?

    Lastly, After an entire year with the company and almost perfect attendance record (taken 3 days off during the course of an entire year) I notified my employer of an appt. I had made prior to work the following day. I notified him I would be 2 hrs late. The following day (day of appt.) I was terminated. I am not allowed to finish out files in progress, and they have said they will hold my pay on one file because it had not funded while i was still employed (it funded the day of termination). Are there any legal actions I can take against any of this?

    I apologize for this being so lengthy, but as you can see, there are quite a few things I'm hoping to get solid answers too. I am aware of many DOL laws, however I'm not sure if Mortgage Companies are exempt to any of them. If any of these actions are considered illegal, I would like some links or databases in which I can find the laws, to help build my case. I greatly appreciate it.

    Last edited by Chlo-Berry; 08-13-2006, 10:17 AM.

  • #2
    Consult an attorney. You have a case for back overtime, minumum wage, and your commissions.
    Megan E. Ross, Esq.
    Law Offices of Michael Tracy

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


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