Can an employer deny overtime pay
to an underwriter?
No. The Second Circuit Court of Appeals ruled that Mortgage Loan Underwriters get overtime pay because they are not administrators. While most people would consider mortgage loan underwriters to be classic white collar salaried employees, in fact they are not. The overtime laws only allow employers to exempt executives, professionals and administrators (generally). Administrators are high level employees whose work relates to the general business operations of a business – not to carrying out its day to day affairs.Attorney Hayber recently posted an interesting blog discussing this concept and a recent federal case out of Washington state. You can read it here.