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DAVIS v. J.P. MORGAN CHASE & CO.

Docket No. 08-4092-cv.

587 F.3d 529 (2009)

Michael J. DAVIS, and all others similarly situated, Elena Lombardo, Carol Smith, Daniel J. McGraw, Plaintiffs, Andrew Whalen, Plaintiff-Appellant, v. J.P. MORGAN CHASE & CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 20, 2009.

Attorney(s) appearing for the Case

J. Nelson Thomas, Dolin, Thomas & Solomon LLP, Rochester, NY, for Plaintiff-Appellant.

Samuel Shaulson, Morgan, Lewis & Bockius LLP, New York, N.Y. (Carrie A. Gonnell, Irvine, CA, on the brief), for Defendant-Appellee.

Before: POOLER, LIVINGSTON, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

This appeal requires us to decide whether underwriters tasked with approving loans, in accordance with detailed guidelines provided by their employer, are administrative employees exempt from the overtime requirements of the Fair Labor Standards Act. Andrew Whalen was employed by J.P. Morgan Chase ("Chase") for four years as an underwriter. As an underwriter, Whalen evaluated whether to issue loans to individual loan applicants by referring...

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