Case: 11-2125

Document: 006111180240

Filed: 01/10/2012

Page: 62

exercising the kind of independent judgment and discretion within the meaning of
the regulations . Id.
4.

Quicken Discovers the Conseco Decision, Begins Its

Lobbying Efforts To Reverse the Decision, and Confirms in
Internal Correspondence that Loan Officers are NonExempt and Entitled to Overtime
a.

Quicken discovers the Conseco decision

On September 5, 2002, Quicken discovered the Conseco decision. Angelo

Vitale, Quickens corporate counsel, sent an email to Quicken executives
containing a June 2002 bulletin discussing Conseco. (R.551-3: Email dated Sept. 5,
2002 at DC033-37.) Vitale did not mince words in explaining the impact of
Conseco on Quickens business, writing: Suffice it to say, unless the FLSA
overtime exemptions are explicitly broadened to cover mortgage loan
originators (especially as applied to a web/call center environment such as ours),
this decision could have a serious financial impact on our business. (Id. at DC033
(emphasis added).) Vitale concluded by asking the recipients to [p]lease pass this
along to the Government Affairs/Lobbying specialist in the firm ASAP and advise
us of any and all avenues available to right this wrong. (Id.)
b.

The DOL proposes amendments to the FLSAs white

collar exemptions; Quicken begins its lobbying efforts
with the Mortgage Bankers Association

On March 31, 2003, the DOL published proposed revisions to the white
collar regulations, inviting public comment. See Defining and Delimiting the
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