Bank’s home loan underwriter was not an exempt “administrative” employee for purposes of the Fair Labor Standards Act and hence was entitled to overtime compensation. An employee who underwrote mortgage loans for Provident Savings Bank was not an exempt “administrative” employee, and so was entitled to overtime compensation under the FLSA. The issuance of the loans was Provident’s primary business. The employee’s primary job duty was a necessary step in issuing the loans. The employee did not set corporate policy, but rather applied employer-set policy guidelines to determine the risk posed by a proposed loan to an applicant.
Ninth Circuit Court of Appeals (Thomas, C.J.); July 5, 2017; 2017 WL 2855084