Free Brief in Support of Motion - District Court of Colorado - Colorado

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

Document 339-43

Filed 01/31/2006

Page 1 of 6

EXHIBIT C

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

Document 339-43

Filed 01/31/2006

Page 2 of 6

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WHISARD Compliance Action KepoM
U.S. Department of

Labor
St. Louis IdO Distrct Ofce

Employment Standards Administrtion Wage and Hour Division
Case 10:

1122325

Invest. Offce:

Local Filing Number: 2001-340-00335

Originating Offce: St. Louis IdO Distrct Ofce

WHIS Case Number:
Registration Date:

Lead Investigator: Holt, Mamie
02110/2001 02110/2001

f:XEMPTION i

Assignment Date:

Emplover Information
Trade Name:Heartland Home Finance
Address: 12101 Woodcrest Executive Drive

Legal Name:
EIN:

¿XEMPTlor
St. Louis, MO 63141

Investieation Information
Period Investigated From:

To:
Investigation Type: In"estigation Tool:

Compliance Status:

..
o o o o o o

06/01/2001 06/01/2003

BNPI:

5223

Agree to Comply

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

o o ø o
o o o o
09/15/2003

Recommended Action:
BCDS:
CMP:

EXEMPTION 5

ROINO Review:

Follow Up Investigation:
Other Action:

Litigation:

Civil Action:
Criminal Action:
Submit For Opinion:

Denial of Future Certificate:
BW Payment Deadline:

Trailer forms attached:

o

Violation 1 Compliance Status

Violations

BWs Computed

EEs A TP

Failure to pay Minimum Wage / Agree to Comply
Failure

32

$45,472.78

to pay proper overtime I Agree to

19

$14,893.91

0

Comply
i

FLSA Totals:

331

$60,366.69

0

$0.00 I

Date:09/02/2003

Employer Name: Hearland Home Finance

Case 10: i i 22~

DEF 00909

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

Document 339-43

Filed 01/31/2006

Page 3 of 6

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WHISAR Compliance Aclionkfport

Total Violations Under FLSA:
. CMPs computed do not necesserily indicate CMPs ass.

Unduplicated Employees Found:

33
$60,366.69

Unduplicated Employees Agreed:
Total Amount Agreed:

o

Total Amount Computed:

$0.00

Conclusions & Recommendations:

EXEMPTION 5

WHi.s;gn""re~.. .~'...'. .. .;p'at I:::

Reviewed By: ~ Date: '1 - cl -t'

'7'
Date:09/02/2003

Employer Name: Heartland Home Finance

Case ID: 1122::

nRF 00910

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

Document 339-43

Filed 01/31/2006

Page 4 of 6

FIRM'S NAME:
Hearland Home Finance, Inc.

Dba Hearland Home Finance 12101 Woodcrest Executive Center St. Louis MO 63141

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 .:

EXEMPTIONS: None denied.

EXEMPTION'I(e)

STATUS OF COMPLIANCE
Investigation Period: June 1, 200I-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 halftime due therefore these 19 employees were found due $14,893.91 for

the year

June OI-June 02.

The Receptionist and the Mortgage Processors were paid hourly with the overtime being paid at TI/2 after 8 hours per day or after 88 or 96 hours per

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DEF 00911

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

Document 339-43

Filed 01/31/2006

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 1 hour the daily hours worked. Ther~fore, for these paid lunch counted in as par of employees no overtime was found owing.
SEC.

11 : The firm maintaed complete and accurate time records for the investigative Loan Processors but failed to keep any records period for the receptionist and hours worked for the Mortgage Loan Offcers. of

SEC. 12: No Child Labor violations were found. The firm was in compliance with the child labor requirements under the Fair Labor Standards Act.
BW Computations: BACK WAGE COMPUT A nONS The back wage computations for minimum wage were computed by the employer. Their computations entailed computing all hours worked up to 40 by the federal minimum
wage of $5 .15 for each hour worked each week. Since they neglected to compute the
June OI-June , w c is w en e irm came into compliance.

overtime The overtime was computed for the period of
The original computations were based on 10 overtime hours per week.which was an
average of all combined weekly hours worked according to theInterview statements. The

ii

EXEMf

second set of computations was done which were the amended computations to reflect 5 weekly hours of overtime worked. The 5 hours were negotiated on due to the employer disputing the 10 weekly overtime hours. The second set of amended computations were due to changes made to

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 compliance:
1. Pay all ees at least $5.15 for all hrs wkd. There are tWo exceptions to the payment

ofmwat $5.15:
1) 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 inay not be averaged over a bi-wkly pay period. not allowed. 4. Compensatory time is
5. Keep and maintain records as required by Regulation 516.

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

EXEMPllON 1~C¡

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DEF 00912

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

Document 339-43

Filed 01/31/2006

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EXEMF IN S

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BACK WAGE

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

payment. Thè si . d.

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

EXEMPTION b

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DEF 00913