Summary Judgment ruled in favor of Provident – NKA to Appeal

Last week, upon his second review of the parties’ motions for summary judgement, the Judge in the federal court case against Provident (McKeen-Chaplin v. Provident Savings Bank) issued a ruling granting summary judgment in Provident’s favor. This unfortunately means that, according to the judge, Provident properly classified underwriters as exempt employees and the company was not legally obligated to pay overtime wages. In the state court case (Neal v. Provident Savings Bank), the judge denied our motion for class certification, ruling that there were difference amongst class members that prevent the case from going forwards as a class action lawsuit.

We are disappointed with both of these rulings and believe they are wrong. We filed our notice of appeal in the federal case and intend to do the same in state court soon. Our appeal in the federal case will be heard by the United States Court of Appeals for the Ninth Circuit. Our state appeal will be heard by the California Court of Appeal for the First Appellate District. We will do our best to keep our clients in each case informed of developments as they happen. In the immediate future, this means the December trial date in the federal case has been removed from the calendar.