Overtime Pay in the Real Estate Services Industry
Real estate services personnel perform valuable services to buyers, sellers and lenders, but do so within a highly-regulated environment. Anti-discrimination, equal access lending and other laws dictate exactly how real estate services employees perform their work and, for this reason, these workers are generally entitled to overtime pay. The law dictates who gets overtime, not your employer!
Overtime is a legal right for most positions and cannot be waived. Agreeing to be paid a flat salary does not mean you have waived your right to overtime pay.

If you are a salaried worker in the real estate industry, but are unsure whether you are entitled to overtime pay, just answer these questions:

  • Do you spend less than one-half of your typical day performing tasks that require independent judgment on truly important matters (e.g., filling out forms and other paperwork, arranging meetings)?
  • Have you worked over 8 hours/day or 40 hours/week at any time within the last 4 years?
If you answered “Yes” to both of these questions, you are likely entitled to overtime pay. You may also be entitled to compensation for meal and rest periods and various penalties against your current or former employer. If you worked the hours, you should be paid for them.

The legal system is set up to “level the playing field” and give workers the power to correct workplace abuses. Scott Cole & Associates has served California’s workforce for many years as one of the state’s most respected workers’ rights law firms and has recovered massive and record-setting settlements for employees for workplace abuses.

For a confidential discussion of your rights against a former or current employer and/or to submit a claim, contact us for more information.