News & Analysis as of

Fair Labor Standards Act (FLSA) Underwriting

Manatt, Phelps & Phillips, LLP

Restrictions on Employer Communication Upheld by Ninth Circuit

In an appeal presenting recurring issues facing district courts in managing whether and how prospective parties are brought into wage and hour lawsuits under the collective action procedures of the Fair Labor Standards Act...more

Faegre Drinker Biddle & Reath LLP

Are Underwriters Exempt From Overtime Requirements? Supreme Court Leaves Question Open

Are underwriters exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements? Financial services companies may assume so. But a recent Ninth Circuit decision—along with the Supreme Court’s refusal on November 27...more

Seyfarth Shaw LLP

A Glimmer Of Hope: The Supreme Court Now Has A Chance To Resolve A Circuit Split And Pronounce That Mortgage Underwriters Qualify...

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Seyfarth Synopsis: As previously discussed in this space, the Ninth Circuit recently chose to side with the Second Circuit, and not the Sixth Circuit, and ruled that mortgage underwriters fail to meet the FLSA’s...more

Davis Wright Tremaine LLP

Ninth Circuit: Mortgage Underwriters Are Not Exempt

The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters who worked for Provident Savings Bank were not “administrative employees,” and thus did not qualify for exemption from the overtime...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Says Mortgage Underwriters are Production Workers Not Eligible for Overtime Exemption

The financial services industry has been a prime target for class and collective action claims for overtime under the Fair Labor Standards Act (FLSA) and related state laws. For decades, banks and related institutions...more

Nutter McClennen & Fish LLP

Nutter Bank Report, July 2017

CFPB Arbitration Rule Will Prevent Firms From Blocking Class Action Lawsuits - The CFPB has approved a new rule that will prohibit banks and other covered providers of certain consumer financial products and services from...more

Ballard Spahr LLP

Federal Appeals Court Rules Mortgage Underwriters Owed Overtime for Work in Excess of 40 Hours in Workweek

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The Ninth Circuit Court of Appeals issued a decision last week holding that mortgage underwriters are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The July 6 decision, which furthers a...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Jackson Lewis P.C.

Context Matters: Mortgage Underwriters Don’t Meet FLSA’s Administrative Exemption, Ninth Circuit Concludes

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Mortgage underwriters do not qualify for the Fair Labor Standards Act’s administrative exemption because they are more appropriately characterized as “production” employees, according to the U.S. Court of Appeals for the...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Residential Loan Underwriters Are Exempt From Overtime Requirements

Earlier this month, financial companies won a victory in the long-standing battle over whether employees involved in mortgage originations and approvals are exempt from the overtime requirements of the Fair Labor Standards...more

Bradley Arant Boult Cummings LLP

Who Says Loan Underwriting is Boring and Mechanical? Sixth Circuit Rules Loan Underwriters Exempt from FLSA Regs

In the eyes of at least one Federal court, loan underwriting is not mechanical; it requires discretion and independent judgment. That point was a key factor in the Sixth Circuit Court of Appeals’ recent affirmance in Lutz v....more

Seyfarth Shaw LLP

Classifying a Loan Underwriter is a Risk Worth Taking, Says Sixth Circuit

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The demise of bank loan underwriters’ exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against Huntington Bank. The court...more

Clark Hill PLC

The Sixth Circuit Rules Underwriters Are Exempt from the Overtime Requirements of the FLSA Under the Administrative Exemption

Clark Hill PLC on

On Wednesday, March 2, 2016, the United States Court of Appeals for the Sixth Circuit ruled in Lutz v. Huntington Bancshares, Inc., et al. that the Plaintiffs, loan underwriters at Huntington Bank, were properly classified as...more

Proskauer - Law and the Workplace

Sixth Circuit: Loan Underwriters Not Entitled to Overtime Pay

On March 2, 2016, the U.S. Court of Appeals for the Sixth Circuit held that residential loan underwriters of Huntington National Bank are administrative employees under the FLSA and therefore not entitled to overtime pay. ...more

Miller Canfield

Sixth Circuit Holds Residential-loan Underwriters are Exempt Under the FLSA

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The Sixth Circuit Court of Appeals ruled that residential-loan underwriters are exempt administrative employees under the Fair Labor Standards Act (FLSA) and are therefore not entitled to overtime. In Lutz v. Huntington...more

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