The plaintiff was a loan underwriter. Underwriters approve loans to customers, subject to strict guidelines established by the bank. He alleged that he frequently worked more than 40 hours per week during his approximately four years with the bank, , but did not receive overtime pay. The bank claimed that, as an exempt administrative employee, he was not entitled to overtime pay.

1. What is the legal issue in this case? What did the court decide?

2. What are the criteria for determining whether an employee is exempt as an administrative employee? How does the court apply these criteria to the facts of this case to reach its decision?

3. Although the court did not need to decide this issue, does it appear that this employee regularly exercised discretion and independent judgment?

4. Are production and administration really a dichotomy? Isn’t it possible for a job to be neither of these?