Houston Area Title Company — Title Examiner Misclassified as Exempt
Houston Area Title Company — Title Examiner Misclassified as Exempt, Retaliated Against for Taking Family Leave
Botts Abstract Company d/b/a Botts Title Company | Title Examiners | Houston, Texas
Buenker Law filed a federal lawsuit against Botts Abstract Company, doing business as Botts Title Company, and its owner — another licensed attorney — on behalf of a title examiner who had worked for the company for more than nine years before being terminated after returning from maternity leave. The lawsuit alleged two separate violations: misclassification as exempt from overtime under the FLSA, and retaliation in violation of the Family and Medical Leave Act (FMLA).
The overtime claim followed the same pattern as other title industry cases: the plaintiff, paid an $80,500 annual salary, examined property titles and prepared title commitments and policies following established checklists and procedures. Her duties did not require the kind of independent discretionary judgment that would qualify her for the FLSA’s administrative or professional exemptions. The retaliation claim arose from events that are unfortunately common in this context: the employee raised concerns about her compensation while on FMLA maternity leave, and upon her return she was terminated. The FMLA prohibits interference with the exercise of FMLA rights and retaliation against employees for using family leave.
The lawsuit was filed as a collective action on behalf of similarly situated title examiners. Both the overtime and FMLA claims were pursued simultaneously. This case has been resolved.
Workers in similar situations may have legal rights under the FLSA and the FMLA. Each statute carries its own statute of limitations. Time limits apply.
