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Court Grants Conditional Certification and Partial Summary Judgment to HSBC Loan Officers

On March 19, 2008, Judge Maxine Chesney of the Northern District of California gave a sweeping victory to NKA when she conditionally certified a nationwide class of current and former loan officers who were denied overtime. The Court simultaneously dismissed several of HSBC's affirmative defenses, stopping HSBC's attempt to claim that its loan officers were exempt from overtime rules based on the "administrative," "retail sales," "executive," and "professional" exemptions. The case will now focus on whether HSBC nationwide misclassified its loan officers as outside salespeople, unlawfully denying them overtime and other compensation. Judicial notice will issue soon to the entire class.