United States Second Circuit

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.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• GERARD E. LYNCH, Circuit Judge:, Before:  POOLER, LIVINGSTON, and LYNCH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• J. Nelson Thomas, Dolin, Thomas & Solomon LLP, Rochester, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Samuel Shaulson, Morgan, Lewis & Bockius LLP, New York, N.Y. (Carrie A. Gonnell, Irvine, CA, on the brief), for Defendant-Appellee.