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Fifth Third Bank Update

On May 7, 2012, Judge Timothy S. Black denied Fifth Third’s motion for summary judgment.   In its motion, Fifth Third argued that it did not owe any overtime to its MLOs because they were administrative employees and not sales people, and that it relied in good faith on an opinion from the Department of Labor when it made its decision to classify MLOs as administratively exempt.  In its order denying Fifth Third’s motion, the Court held that “there is considerable evidence supporting a finding that [Fifth Third] considered MLOs to be its ‘sales force,’” and that whether Fifth Third relied in good faith on the Department of Labor’s opinion would be a question for the jury.

We are very happy with the Court’s order and are looking forward to moving forward with the rest of the case.  The next step will be for both parties to engage in discovery related to the merits of the claims and Fifth Third’s defenses.  As always, we will update you as events unfold.  In the meantime, please contact my clerk, Andrea Glover, if you have any questions, or changes to your contact information.  Serina can be reached at aglover@nka.com or 612-256-3296.