Real Estate Appraiser Overtime Lawsuits
September 3, 2015 Last Updated on January 4, 2017
At A Glance
- What's Going on?
- We have reason to believe class action lawsuits could be filed on behalf of real estate appraisers who worked more than 40 hours a week and didn't get overtime.
- What You Can Do
- Fill out the form on this page to get in touch. One of the attorneys we work with may then reach out to you directly to learn more about your job and to explain how you may be able to help get a class action lawsuit started.
- Can I Get Fired?
- Employers are prohibited by federal law from firing, demoting or otherwise retaliating against employees who exercise their legal rights.
- What's the Catch?
- There is none. We have reason to believe some banks and appraisal service companies may not be paying their real estate appraisers properly and we want to put these workers in touch with attorneys who can help.
Attorneys working with ClassAction.org are investigating whether real estate appraisers who weren’t paid overtime can start class action lawsuits.
They have reason to believe a number of companies may have misclassified their staff appraisers as “exempt” from overtime pay – meaning they may not be getting the extra pay they’re owed when working more than 40 hours a week. One lawsuit against a Bank of America subsidiary has already been filed and settled, awarding an average payout of $100,000 per staff appraiser.
Am I Owed Overtime As a Real Estate Appraiser?
The fact is, most employees are entitled to overtime pay when working more than 40 hours a week. Your employer can only legally deny you overtime if you’re “exempt” – meaning that the way you’re paid and the job duties you perform disqualify you from overtime pay under federal law.
Just because your employer says you’re an exempt employee, however, doesn’t mean you actually are. Hundreds of lawsuits have been filed on behalf of workers who say their employers intentionally misclassified them as exempt to avoid paying overtime.
What Types of Workers Aren’t Owed Overtime?
While a job title alone is not enough to disqualify a worker from overtime, workers who are usually exempt from overtime pay include:
- Business executives
- Computer employees
- Outside sales professionals
- Doctors, lawyers, teachers, artists and other professionals working in a creative or scientific field
These workers generally fall under one of the six white collar exemptions to federal overtime law. We have reason to believe that most real estate appraisers do not fit into any of these exemptions.
What About the Administrative Exemption?
There is an exemption that applies to administrators and a number of employees who work in the financial services industry fall under this exemption. We do not believe, however, that real estate appraisers qualify for this exemption.
To be an “exempt administrator,” the employee must, among other things, exercise discretion and independent judgment. We believe that the manner of most real estate appraisers’ work does not qualify them for this exemption as they are often required to adhere to strict pre-established guidelines and procedures and lack a significant say in the appraisal values they assign.
Additionally, while there is an exemption for workers who earn at least $100,000 in salary, commissions and bonuses per year, the employee must also meet the criteria of the executive, administrative or professional employee exemption to be disqualified from overtime pay.
How a Class Action Can Help
We have reason to believe some real estate appraisers are working weekends, holidays and long hours without additional compensation. A class action lawsuit could help these workers recover compensation for their unpaid overtime hours and seek a change to their employers’ payment practices.
Denied Overtime as a Real Estate Appraiser? Here’s What You Can Do
Get in touch with ClassAction.org by filling out the form on this page. Once we receive your information, we’ll send it over to one of the attorneys we work with. A lawyer may then call or e-mail you to learn more about your job and how you're being paid. It’s important to remember that you’re protected by federal law against retaliation from your employer, so do not hesitate to get in touch with us today.
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