McKeen-Chaplin v. Provident Savings Bank, No. 15-16758 (9th Cir. 2017)
Annotate this CasePlaintiff, on behalf of herself and a class of underwriters, filed suit seeking overtime compensation under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. The Ninth Circuit applied the analysis used by the Second Circuit and held that, because the mortgage underwriters' primary job duty does not relate to the bank's management or general business operations, the administrative employee exemption under 29 U.S.C. 213(a)(1) and 29 C.F.R. 541.200(a) does not apply. Therefore, the underwriters in this case were not entitled to overtime compensation.
Court Description: Labor Law. Reversing the district court’s grant of summary judgment in favor of the defendant in an action under the Fair Labor Standards Act, the panel held that mortgage underwriters were entitled to overtime compensation for hours worked in excess of forty per week. Applying the analysis used by the Second Circuit, rather than the Sixth Circuit, the panel held that, because the mortgage underwriters’ primary job duty did not relate to their employer bank’s management or general business operations, the administrative employee exemption to the Act’s overtime requirements did not apply.
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