In Aber-Shukofsky v. JPMorgan Chase & Co. (E.D.N.Y. 2010) 755 F.Supp.2d 441, the district court dismissed the plaintiffs' claims that WaMu violated the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.; FLSA), as well as state wage and labor laws.
The plaintiffs were former WaMu employees suing JPMC for alleged overtime wage violations by WaMu.
The plaintiffs failed to exhaust FIRREA administrative remedies before filing suit, thus the court dismissed the action for lack of subject matter jurisdiction. (Aber-Shukofsky, supra, 755 F.Supp.2d at pp. 443, 446.)
The court rejected arguments that FLSA "trumped" FIRREA, as well as the argument that a plaintiff need not exhaust administrative remedies because he or she has reason to believe the FDIC will disallow the claim. (Aber-Shukofsky, at p. 451.)