Chao v. First National Lending Corp.

NOT FOR FULL-TEXT PUBLICATION
File Name: 07a0707n.06
Filed: October 3, 2007
No. 06-3779
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
ELAINE L. CHAO, Secretary of Labor, )
United States Department of Labor, ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR THE
Plaintiff-Appellee, ) NORTHERN DISTRICT OF OHIO
)
v. )
)
FIRST NATIONAL LENDING )
CORPORATION, et al. )
)
Defendants-Appellants. )
)
Before: NORRIS, GIBBONS, and ROGERS, Circuit Judges.
PER CURIAM. Defendants-appellants First National Lending Corporation and Lisa M.
Scherzer (collectively, “FNL”) appeal the district court’s judgment in favor of plaintiff-appellee
Elaine L. Chao, Secretary of Labor, United States Department of Labor. FNL contends that the
district court erred in concluding that (1) FNL’s loan officers were “employees” under the Fair Labor
Standards Act of 1938, as amended, 29 U.S.C. §§ 201 et seq. (“FLSA”), (2) FNL’s loan officers
were not exempt from the minimum wage provisions of the FLSA as “outside salesmen,” and (3)
FNL failed to meet its burden of proof to refute the Secretary of Labor’s back wage computations.
Having reviewed the parties’ briefs and the applicable law and having had the benefit of oral
argument, we conclude that a panel opinion further addressing the issues raised would serve no
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jurisprudential purpose. Therefore, on the grounds identified by the district court, we affirm the
district court’s judgment in favor of the Secretary of Labor.
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