The administrative exemption: When is an employee owed overtime?
Abstract: This article covers a Sixth Circuit case where the court decided whether loan underwriters were — as their former employer argued — exempt from overtime under the administrative exemption of the Fair Labor Standards Act. The court considered whether the employees met the three elements of working in a bona fide administrative capacity. A sidebar describes a similar case where the Fourth Circuit reached a different decision. Lutz v. Huntington Bancshares, Inc., No. 14-3727, March 2, 2016 (6th Cir.) Calderon v. GEICO General Insurance Company, No. 14-2111, Dec. 23, 2015 (4th Cir.)