Davis v. J.P. Morgan Chase & Co., No. 08-4092

In an action challenging a bank's categorization of underwriters as administrative employees exempt from the Fair Labor Standard Act's overtime pay requirements, summary judgment for defendant is reversed where plaintiff's work was not related either to setting "management policies" nor to "general business operations" such as human relations or advertising, 29 C.F.R. section 541.2, but rather concerned the "production" of loans -- the fundamental service provided by the bank.

Read Davis v. J.P. Morgan Chase & Co., No. 08-4092

Appellate Information

Argued: May 12, 2008

Decided: November 20, 2009

Judges

Opinion by Judge Lynch

Counsel

For Appellant:

J. Nelson Thomas, Dolin, Thomas & Solomon LLP, Rochester, NY

For Appellee:

Samuel Shaulson, Carrie A. Gonnell, Morgan, Lewis & Bockius LLP, New York, NY