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Posts published in “FLSA”

8th Cir. Affirms Denial of Motion to Compel Arbitration in FLSA Case Against Lender

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the denial of a lender’s motion to compel arbitration over a suit filed by a former employee alleging violations of the federal Fair Labor Standards Act (FLSA). In so doing, the Court held that the former employee’s mere review of the employee handbook, and the arbitration and delegation provisions therein, did not constitute acceptance of the relevant clauses, and without acceptance no valid contracts to arbitrate their disputes or delegate the decision to an arbitrator were formed. A copy of the opinion in Shockley v. PrimeLending is available at: …

7th Cir. Vacates $10 Million FLSA Award Against Mortgage Company

The U.S. Court of Appeals for the Seventh Circuit recently joined the Fourth, Sixth, Eighth, Ninth, and Eleventh Circuits, in ruling that class or collective arbitrability is a gateway question that is presumptively for the court to decide, rather than the arbitrator. In so ruling, the Court vacated the trial court’s order enforcing a $10 million federal “wage and hour” Fair Labor Standards Act arbitration award against the defendant. A copy of the opinion in Herrington v. Waterstone Mortgage Corporation is available at:   Link to Opinion. The plaintiff filed a putative class and collective action against her former employer.  She alleged…

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 that, because the underwriters’ primary job duty did not relate to their employer bank’s management or general business operations, the administrative employee exemption to the FLSA’s overtime requirements did not apply. Recognizing that there was a split between the Second Circuit and Sixth Circuit as…

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 state court settlement met due process requirements, and the FLSA did not expressly or impliedly create an exception to the Full Faith and Credit Act, 28 U.S.C. § 1738. A copy of the opinion in Raymond Richardson, et al v. Wells Fargo Bank, N.A., et…

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 al. is available at:  Link to Opinion. The plaintiffs, former bank employees, filed a class action suit against a bank, alleging that it failed to compensate them for overtime work in violation of the federal Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219.  The…