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Virginia Judge Finds Another Loan Officer To Be Exempt “Outside” Salesman

Adding to his string of summary judgment opinions regarding the applicability of the outside sales exemption to mortgage loan officers employed by Prospect Mortgage, Eastern District of Virginia Judge James C. Cacheris issued another opinion granting summary judgment to Prospect because the Plaintiff’s deposition testimony established that he was “customarily and regularly” away from Prospect’s place of business in performing his sales duties.  Hantz v. Mortgage, 2014 U.S. Dist. LEXIS 14359 (E.D. Va. Feb. 5, 2014).

Analyzing Plaintiff Hantz’s deposition testimony concerning how he performed the loan officer job, the Court determined “that he spent a significant amount of time each week outside the office engaged in sales related activities. His undertakings included meeting with realtors and distributing fliers, attending open houses to network with potential customers, and giving seminars.”  The Court deemed this central finding “sufficient to trigger the exemption . . . [even though] Plaintiff also worked considerable hours inside the office [because] it is the nature of the time spent outside the office, rather than the amount of time, that drives the Court’s conclusion.”  The Court also cited Plaintiff’s testimony regarding the importance of the outside activity to his sales, as his “sales model was based heavily on home buyer seminars [he] conducted.”

Judge Cacheris’ series of decisions constitute persuasive authority concerning the application of the “customarily and regularly away” concept; an employee need not spend a majority of his or her time “outside” provided the time away is recurring and important to the sales process.  State law rules must of course be considered separately, where applicable.

Jackson Lewis P.C. © 2022National Law Review, Volume IV, Number 42
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About this Author

Noel Tripp Principal Employment lawyer at Jackson Lewis Law Firm
Principal

Noel P. Tripp is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis as a summer associate in May 2005, he has practiced exclusively in employment law.

Mr. Tripp has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principal focus is the defense of class and collective action...

631-247-0404
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