Chao v. First National Lending Corp.

U.S. Court of Appeals for the Sixth Circuit
Chao v. First National Lending Corp., 249 F. App'x 441 (6th Cir. 2007)
Norris, Gibbons, Rogers

Chao v. First National Lending Corp.

Opinion

PER CURIAM.

Defendants-appellants First National Lending Corporation and Lisa M. Scher-zer (collectively, “FNL”) appeal the district court’s judgment in favor of plaintiff-appellee Elaine L. Chao, Secretary of Labor, United States Department of Labor. FNL contends that the district court erred in concluding that (1) FNL’s loan officers were “employees” under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq. (“FLSA ”), (2) FNL’s loan officers were not exempt from the minimum wage provisions of the FLSA as “outside salesmen,” and (3) FNL failed to meet its burden of proof to refute the Secretary of Labor’s back wage computations.

Having reviewed the parties’ briefs and the applicable law and having had the benefit of oral argument, we conclude that a panel opinion further addressing the issues *442 raised would serve no jurisprudential purpose. Therefore, on the grounds identified by the district court, we affirm the district court’s judgment in favor of the Secretary of Labor.

Reference

Full Case Name
Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. FIRST NATIONAL LENDING CORPORATION, Et Al., Defendants-Appellants
Cited By
2 cases
Status
Unpublished