Bank Underwriters and Hawaii Unpaid Overtime Law

Hawaii bank underwriters who were denied overtime pay may be able to file a claim for up to three years of unpaid overtime wages.

Back to Hawaii Overtime Law

Bank underwriters are entitled to overtime pay unless they meet a Hawaii overtime exemption, which are typically reserved for executives, creative professionals and administrators. If a bank violates Hawaii overtime law by denying overtime pay to an eligible bank underwriter, the employee has the option of filing an unpaid overtime lawsuit. When successful, an overtime lawsuit can award the employee with up to three years of unpaid overtime, an equal amount in liquidated damages and attorneys’ fees. 

Have you been denied overtime pay in Hawaii as a bank underwriter? If so, complete our free online legal consultation form. Employers are prohibited from retaliating against employees who exercise their legal rights, so do not hesitate to contact our Hawaii overtime attorneys today about your claim.

Hawaii Bank Underwriters May Be Misclassified

There are a number of tactics a company can employ to avoid paying overtime to its employees, including intentionally classifying workers into an “exempt” category. (Exempt employees are not entitled to overtime pay.) This overtime scam, known as employee misclassification, is relatively common, particularly in the financial services industry. 

Hawaii bank underwriters can determine if they have been misclassified by examining their job duties. It’s important to remember that job duties, not job titles, determine which employees are eligible for overtime pay. For instance, simply having the term “manager”, “executive” or “administrator” in your job title does not automatically disqualify you from overtime pay. Employees who fit under the executive exemption must meet all of the following criteria: they must receive a weekly salary of at least $455; they must manage the company or a department of the company; they must regularly direct the work of two or more employees; and they must have the ability to fire and hire employees. Employees who can be classified as administrators must meet all of the following criteria: 

They are paid a salary of at least $455 per week

They carry out, as a primary task, non-manual or office work

They use independent judgment with regard to important business matters 

If a bank underwriter does not meet the criteria of an exempt employee, they are entitled to time-and-a-half pay for every hour worked over 40 in a single workweek. 

Hawaii Overtime Attorneys for Bank Underwriters

It can be difficult for a bank underwriter to determine their eligibility for overtime pay, especially when their employer insists that they are exempt and therefore ineligible to collect overtime pay. It’s important to remember that Hawaii overtime law, not your employer, determines who is eligible to collect overtime wages. If you have been denied overtime pay as a Hawaii bank underwriter, it’s important to learn your legal rights. Contact our Hawaii overtime lawyers today for a free case review, which can help determine whether you can recover back overtime wages.