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Employer Law Blog
April 9, 2015

Department of Labor’s New Interpretation of FLSA’s Administrative Exemption to Mortgage Loan Officers Upheld by U.S. Supreme Court

Author: Sandberg Phoenix

The United States Supreme Court recently issued its ruling in Perez v. Mortgage Bankers Association, upholding a Department of Labor (“DOL”) interpretation regarding the status of mortgage loan officers as non-exempt under the Fair Labor Standards Act (“FLSA”). At issue was whether the DOL could alter its position regarding whether mortgage loan officers qualify for the administrative exemption under the FLSA without adhering to the notice-and-comment rulemaking process set forth in the Administrative Procedure Act (“APA”).