Virginia’s “Rocket Docket” Delivers Heavy Payload of Victories to Prospect Mortgage in Misclassification Dispute with Loan Officers

A recent onslaught of victories for Prospect Mortgage, LLC in Virginia provides valuable insight into the application of the FLSA’s outside sales exemption to workers who also perform significant portions of their jobs inside the office.  The company obtained a defense verdict in what appears to be the first trial in the nation on these issues.  Prospect also secured several rulings that cement a pragmatic standard for application of the outside sales exemption, requiring only that a sales employee leave the office for “one or two hours a day, one or two times a week” in order to qualify.  This ruling has significant ramifications for the mortgage lending industry and for all employers that maintain an exempt outside sales workforce.  (Note: In the spirit of full disclosure, Seyfarth represented Prospect Mortgage in these victories).

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