6th Circuit Throws a Wrench into the OT Pay Debate by Exempting Workers Who ‘Help Run or Service a Business’
March 17, 2016
Loan underwriters who claimed they were improperly classified as exempt and thereby wrongfully denied overtime pay lost on appeal after a federal appeals court determined they were administrative employees “helping run or service a business” as opposed to engaging in loan production. The ruling by the U.S. Court of Appeals for the Sixth Circuit stands in stark contrast to the Second Circuit’s 2009 opinion in a similar case, which held that underwriters are administrative workers who are eligible for overtime pay if they engage in production activities, industry attorneys said. In Lutz v. Huntington Bancshares, Inc., the bank’s underwriters primarily reviewed...