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In Whalen v. J.P. Morgan Chase, the United States Court of Appeals for the Second Circuit, held that a loan underwriter, whose job involved approving loans, in accordance with specific guidelines provided by his employer, was not exempt from the Fair Labor Standards Act (“FLSA”). The Second Circuit covers New York, Connecticut, and Vermont.

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Congress is considering legislation overturning a recent Supreme Court decision holding that plaintiffs asserting claims of age discrimination under the Age Discrimination and Employment Act of 1967 (“ADEA”) must prove that age was the “but for” cause of the challenged adverse employment action.

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