Loan processor sues bank for not including commission in overtime rate

Michelle Keahey, East Texas Bureau Sep. 19, 2011, 11:15am


SHERMAN - Claiming she was short-changed in her overtime wages when her employer failed to factor commissions into her overtime rate, a loan processor for an East Texas bank has filed a collective lawsuit against her former employer.

Susan Dooling, on behalf of herself and all others similarly situated, filed suit against Bank of the West and GSB Mortgage Inc. on Sept. 8 in the Eastern District of Texas, Sherman Division.

Dooling worked as a loan processor for the defendant and was classified as a non-exempt, hourly employee. The lawsuit will represent the defendant's current and former loan processors.

Although the defendants paid the loan processors hourly wages, commission and non-discretionary bonuses, Dooling states the bank violated the Federal Labor Standards Act by failing to include commissions and non-discretionary bonuses earned in their regular rate of pay, shortchanging the amount owed to them for overtime.

The plaintiff is asking for an award of actual damages, liquidated damages, interest, court costs and attorney's fees.

Dooling is represented by Edwin Sullivan of Oberti Sullivan in Houston and Allen R. Vaught of Baron & Budd in Dallas. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00576

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