Archive for FLSA

9th Cir. Rules Mortgage Underwriters Not Exempt Under FLSA

The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters were not exempt under the federal Fair Labor Standards Act (FLSA) and were therefore entitled to overtime compensation for hours worked in excess of 40 per week. After analyzing the specific details of the underwriters’ responsibilities, the Ninth Circuit panel concluded

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5th Cir. Rejects FLSA ‘Loan Officer Overtime’ Collective Action Based on Opt-Out State Court Class Settlement

The U.S. Court of Appeals for the Fifth Circuit recently held that claims of an opt-out class in a previously-settled California state class action that released any existing federal Fair Labor Standards Act claims by mortgage loan officers against lenders that failed to pay them overtime were precluded by res judicata because the previous opt-out

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6th Cir. Holds Residential Loan Underwriters Not Entitled to Overtime Pay Under FLSA

The U.S. Court of Appeals for the Sixth Circuit recently held that residential mortgage loan underwriters are not entitled to overtime pay because their job duties related to general business operations of the bank, and they performed those duties exercising discretion and independent judgment. A copy of the opinion in Lutz v. Huntington Bancshares, Inc., et

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