According to the U.S. Court of Appeals for the Ninth Circuit, the mortgage underwriters in the matter of McKeen-Chaplin v. Provident Savings Bank do not qualify for the Fair Labor Standards Act’s (“FLSA”) administrative exemption and must be paid overtime. The Court’s ruling serves as a reminder of the importance of an employee’s primary duties in determining the application of an exemption.  

In an effort to reduce pay gaps between genders, Delaware has enacted a pay history inquiry ban that prohibits employers from screening job applicants based on their salary history and asking a current or former employer about an applicant’s compensation history.