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.
Argued: May 12, 2008
Decided: November 20, 2009
Opinion by Judge Lynch
J. Nelson Thomas, Dolin, Thomas & Solomon LLP, Rochester, NY