SOURCE: Nichols Kaster, PLLP

Nichols Kaster, PLLP

October 07, 2010 10:31 ET

MetLife Home Loans Underwriters Represented by Nichols Kaster, PLLP Launch Overtime Action

PITTSBURGH, PA--(Marketwire - October 7, 2010) -  On October 6, 2010, former MetLife Home Loans underwriters started a putative nationwide collective action in federal court in the Western District of Pennsylvania. In this action, they seek to recover overtime pay they are due, alleging that MetLife Home Loans misclassified them as exempt employees, paying them a salary and no overtime pay. They assert that MetLife Home Loans recently reclassified its underwriters to non-exempt and started paying overtime, but has not paid them for their previous overtime hours worked.

This is not the first overtime action brought by underwriters claiming they were misclassified as exempt. In November 2009, the United States Court of Appeals for the Second Circuit found that J.P. Morgan Chase misclassified its underwriters as exempt. The Court explained that the exemption relied upon by J.P. Morgan Chase for not paying its underwriters overtime pay -- the administrative exemption -- did not apply to underwriters. It reasoned that underwriters were not administrative employees, but rather, were engaged in production work relating to loan sales. As such, they were misclassified as exempt, and were entitled to overtime pay.

Plaintiffs' counsel Michele Fisher stated, "Although MetLife has apparently reclassified its underwriters as non-exempt, it has not paid those who it previously misclassified as salaried and exempt for all of the overtime hours they worked prior to the reclassification. We seek to get these current and former employees paid the overtime wages they are due through this action."

Plaintiffs are represented by Michele Fisher, Paul Lukas and Charles Frohman from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. They are also represented by Colleen Ramage Johnston from Rothman, Gordon P.C. in Pittsburgh, Pennsylvania.

This case is entitled: Kathy Visci et al v. MetLife Bank, N.A. et al, Civ. No. 10-1303 (W.D. Pa.).

Additional information about the case is located at or may be obtained by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Contact Information

  • Contact:
    Michele R. Fisher
    Nichols Kaster, PLLP
    (612) 256-3229