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Davis v. J.P. Morgan Chase & Co.

587 F.3d 529 (2009)

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Davis v. J.P. Morgan Chase & Co.

United States Court of Appeals for the Second Circuit

587 F.3d 529 (2009)

Facts

Andrew Whalen (plaintiff) was employed by J.P. Morgan Chase & Co. (Chase) (defendant) as an underwriter. Chase underwriters were responsible for deciding whether to approve loan applications based on detailed guidelines provided by Chase. If the loan met the standards set forth in the guidelines, the underwriter was expected to approve the loan application. Chase evaluated underwriters based on whether the underwriters’ decisions adhered to the standards in the guidelines and measured underwriters’ productivity based on their average total actions performed each day. Chase sometimes paid underwriters incentives to increase their productivity, and Chase employees referred to underwriters’ work as production work rather than operations work. During Whalen’s employment with Chase, Chase had a policy of treating underwriters as administrative employees who were exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Whalen sued Chase in federal district court to challenge Chase’s policy, arguing that Chase had mischaracterized him as an exempt employee and failed to pay him overtime compensation. Whalen and Chase filed cross-motions for summary judgment. The district court denied Whalen’s motion, granted Chase’s motion, and dismissed Whalen’s complaint. Whalen appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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