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

Case Updates

NCLC urged the Supreme Court to clarify the administrative exemption to the Fair Labor Standards Act's (FLSA) overtime requirements. The Second Circuit recently ruled that a J.P. Morgan Chase underwriter, who received incentive compensation and made significant credit decisions for the company, was not exempted from overtime requirements under the FLSA's administrative exemption. In its brief, NCLC noted that the circuits are divided over the proper application of the administrative exemption to FLSA overtime requirements. NCLC warned that without clarification, employers will remain uncertain about the status of jobs traditionally viewed as exempt.