Legal ServicesWage and Overtime ClaimsOvertime pay for mortgage underwriters


Many mortgage underwriters are classified by their employers as being exempt from the requirements of overtime pay laws, on the basis of what is known as the “administrative exemption” in the Fair Labor Standards Act (FLSA). However, in many circumstances, this is a misclassification for these workers.

As a result, far too many workers who do not meet the requirements for exemption established in the FLSA are nevertheless denied the overtime pay to which they should be entitled, which can add up to a substantial amount of money for some workers.


Mortgage underwriters must be paid overtime wages unless their job description fully meets the requirements of the FLSA’s administrative exemption. In order to qualify, a mortgage underwriter must:

  • Be paid at least $455 per week, on a salary or fee basis
  • Engage in work directly related to management policies or general business operations
  • Regularly exercise their own discretion or independent judgment


If your employer is not paying you overtime, we are here to help you regain your lost wages and bring your employer to justice.

Determining whether a mortgage underwriter’s job meets these criteria can often be difficult.

Fortunately, Habush Habush & Rottier can help to clarify the issue and help you seek your unpaid wages if you are not an exempt employee.  Everyone deserves to be paid their full amount of wages, including mortgage underwriters. If you believe that you have unfairly been designated as exempt from overtime pay, contact Attorneys Jason Knutson or Breanne Snapp today at 608-255-6663 about taking legal action against the employer who has denied you they pay you have earned.