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Howard M. Knee is a partner at Blank Rome LLP, working in the firm's Los Angeles office. He has more than 35 years of experience in labor and employment law.

Are Mortgage Underwriters Considered Exempt Employees?

In Davis v. J.P. Morgan Chase & Co., the federal court of appeal in New York, reversing the decision of the district court, held that JPMorgan Chase’s mortgage underwriters were not exempt employees under the Fair Labor Standards Act. The court of appeal, based on the evidence before it, found that the mortgage underwriters’ primary duty was to sell loan products under the detailed directions of a credit guide provided to them by the bank.

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