U.S. Supreme Court
Lower Court Opinion
Whether mortgage underwriters qualify as “administrative” employees under the FLSA, 29 U.S.C. § 213(a)(1).
Cert. petition denied
November 27, 2017
U.S. Chamber urges Supreme Court to resolve circuit split on exemption from FLSA overtime requirements
October 11, 2017
The U.S. Chamber urged the Supreme Court to review whether mortgage underwriters are “administrative” employees exempt from the FLSA’s overtime requirements. The Sixth Circuit has held that mortgage underwriters do fall within the “administrative” exemption, while the Second and Ninth Circuits have reached the opposite result. The Chamber’s brief, filed jointly with the Securities Industry and Financial Markets Association, argues that the circuit split creates significant uncertainty and inefficiency for national employers.
Pratik A. Shah of Akin Gump Strauss Hauer & Feld LLP served as co-counsel for the amici.
- Ninth Circuit Opinion -- McKeen-Chaplin v. Provident Savings Bank, FSB (Ninth Circuit).pdf
- Cert. Petition & Appendix -- Provident Savings Bank, FSB v. McKeen-Chaplin (U.S. Supreme Court).pdf
- U.S. Chamber & SIFMA Amicus Brief -- Provident Savings Bank, FSB v. McKeen-Chaplin (U.S. Supreme Court).pdf