Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 345-59

Filed 02/16/2006

Page 1 of 6

EXHIBIT V

-l

Case 1:03-cv-02485-MSK-PAC

Document 345-59

Filed 02/16/2006

Page 2 of 6

i.'

WHISARD Compliance Action rteport

U.S. Department of Labor
Employment Standards Administrtion Wage and Hour Division
Case ID:

1122325

Invest. Offce:

St. Louis MO Distrct Ofce

Local Filing Number: 2001-340-00335

Originating Offce: St. Louis MO Distrct Ofce

WHIS Case Number:
Registration Date:

Lead Investigator: Holt, Maml.
02/10/2001

f:XEMPTION ï

Assignment Date:

02/10/2001

Emnlover Information
Trade Name:

Heartland Home Finance

Legal Name:
EIN:

Address: 12101 Woodcrest Executive Drive

County:

NAIC Code:

¿XEMPTlor

St. Louis, MO 63141

No.

Of

Em

pi

Investie:atioD Information
Period Investigated From:

To:
Investigation Type: Investigation Tool:

Compliance Status:

-.
o o o o o o

06/01/2001 06/01/2003

BNPI:

5223

Agree to Compiy

Reinvestigation: Recurring Violation: Future Compliance Agreed: Involved in AG:

o o ø o o o o o
09/15/2003

Recommended Action:
BCDS:

EXEMPTION 5

ROfNO Review:

CMP:

Follow Up Investigation:
Other Action:

Litigation:

Civil Action:
Criminal Action:
Submit For Opinion:

Denial of Future Certificate:
BW Payment Deadline:

Trailer forms attached:

o
, , :: :\PW?-;;:tr~t;J1t~~;l~1

,: ,,' "' ," ,: ~ :~i~!:~;!:,å;W":: .:;: ~'Gf~~l:t:~!i':~'0;;;it;:;;")~t~i":;i:"::,:::;V L":; :":;~:

Violation 1 Compliance Status

Violations

BWs Computed

EEs A TP BWs Agreed
o

(

Failure to pay Minimum Wage / Agree to Comply
Failure

32

$45,472.78

to pay proper overtime / Agree to

19

Comply
i

$14,893.91

o

FLSA Totals:

331

$60,366.69

o

$0.00 I

Date:09/02/2003

Employer Name: Hearland Home Finance

Case ID: I 122;

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Case 1:03-cv-02485-MSK-PAC

Document 345-59

Filed 02/16/2006

Page 3 of 6

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WHISAR Compliance Actionkèport
Total Violations Under FLSA:
. CMPs computed do not necessarily indicate CMPs assi

Unduplicated Employees Found:

33

Unduplicated Employees Agreed:
Total Amount Agreed:

o

Total Amount Computed:

$60,366.69

$0.00

3s1a coverage. 117 hrs. ,W.Qdtl~
without pay when commls no earned. i s a egatlon wa su . a tiillëa... .~ the ee employees,
back wages, 32 current and former Loan Officers were due $45,472.78 In Miw and al 33 employees were dL
$15, 172.64 EXEMPTION

Conclusions & Recommendations:

In Off for a total of $60,366.69. .
5
, .

¡, ~-WHISignature~Dat I;,;
Reviewed

By: ~~ .' '~ate: ~ -j':t'

l7
Date:09/02/2003

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Employer Name: Heartland Home Finance

Case (D! i 122::

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Case 1:03-cv-02485-MSK-PAC

Document 345-59

Filed 02/16/2006

Page 4 of 6

FIRM'S NAME:
Hearland Home Finance, Inc.

Dba Hearland Home Finance
12101 W oodcrest Executive Center

St.Louis M063141

EXEMPTION 4

COVERAGE
Subject firm is a corporation owned by :
Jay Dunsing-President

Don Dynn- Executive Vice-President Betty Simpson-Secretary

The establishment was covered on an Enterprise basis. There was no anual Dollar Volume for 1998 due to this location not being in business yet, the anual dollar volume

for 1999 was_ and 2000 was_ "

EXEMPTION 4

EXEMPTIONS: None denied.

EXEMPTION'I(C;

STATUS OF COMPLIANCE

Investigation Period: June 1, 2001-June 1,2003

SEC.6: Minimum wage violations were found for 32 current and former Mortgage Loan weeks $45,472.78. The minimum wage was a result of Offcers in the amount of that commission was not eared these employees received no pay. SEC.7: Overtime violations were found for 19 current and former employees, The overtime was a result of the Mortgage Loan Offcers not paid the additional halftimedue therefore these 19 employees were found due $14,893.91 for the year

June 01-June 02.
The Receptionist and the Mortgage Processors were paid hourly with the overtime being paid at Tl /2 after 8 hours per day or after 88 or 96 hours per

'3

Case 1:03-cv-02485-MSK-PAC

Document 345-59

Filed 02/16/2006

Page 5 of 6

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semi-monthy pay cycle. These employees were paid for 8 hours per day when in essence these categories of employees worked 7 hours per day with a I hour the daily hours worked. Therçfore, for these paid lunch counted in as par of employees no overtime was found owing.

SEC. I I: The firm maintaed complete and accurate time records for the investigative Loan Processors but failed to keep any records period for the receptionist and of hours worked for the Mortgage Loan Offcers.
SEC. 12: No Cluld Labor violations were found. The firm was in compliance with the child labor requirements under the Fair Labor Standards Act.
BW Computations: BACK WAGE COMPUTATIONS The back wage computations for minimum wage were computed by the employer. Their entailed computing all hours worked up to 40 by the federal minimum computations wage of$5.15 for each hour worked each week. Since they neglected to compute the
June Ol-June , w c is w en e inn came into compliance.

overtime The overtime was computed for the period of

DISPOSITION: Final Conference: A final conference was held with Attorney Steve Pockrass an~
_ on August 28, 2003 telephonically. The firm agreed to comply and pay the

~found owing. Mr. Pockrass was informed on what constitutes complil:ce:
1 . Pay all ees at least $5.15 for all hrs wkd. There are two exceptions to the payment

ofmw at $5.15: I) Youth MW-Applicable to ees under the age of20 can be paid $4.25 an employment. hour during their first 90 consecutive calendar days of Labor 2) Full-Time Student Certificate- Issued by the U.S. Dept. of through the Chicago Regional Offce.
2. Pay all non-exempt hrlyees at least Tl/2 the regular rate for hours worked in

excess of 40 in a seven day workweek. 3. Each w/w stands alone, hours may not be averaged over a bi-wkly pay period.
4. Compensatory time is not allowed.
5. Keep and maintain records as required by Regulation 516.

6. Lunch breaks should be free and clear of all duties

EXEMP110N 1(C)

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Case 1:03-cv-02485-MSK-PAC

Document 345-59

Filed 02/16/2006

Page 6 of 6

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EXEMF IN f)

"

PAYMENT Back wage payments are scheduled for Monday, September 15, 2003 in a lump sum
BACK WAGE

payment. Thè si . d.

..

Publications provided: HRG, POSTERS(MW, EPPA, FMLA), CL 101, PARTS 516, 778, 785, 541, and 578.

EXEMPTION b

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