Perhaps no single exemption classification under the FLSA has been subject to as much scrutiny, or generated as much inconsistent authority from courts and the United States Department of Labor, as the classification of loan officers in the mortgage banking industry. In 2013, the Court of Appeals for the D.C. Circuit invalidated the Department of
administrative interpretation
Court Upholds DOL’s “Administrative Interpretation” Concerning FLSA Status of Loan Officers
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
Following the DOL’s controversial 2010 Administrative Interpretation concluding that the administrative exemption to overtime does not apply to mortgage loan officers, numerous industry responses followed, including a Mortgage Bankers Association (MBA) lawsuit challenging the Interpretation. The MBA suit was initiated pursuant to the Administrative Procedure Act (APA) and sought a court ruling that the DOL…
Ohio Federal Court: USDOL’s “New” Interpretation of Loan Officer Status Was Proper
By Noel P. Tripp on
Posted in Exemptions
Much attention has been paid to the Department of Labor’s March 2010 Administrative Interpretation, which reversed prior DOL opinions and stated that mortgage loan officers do not qualify for the administrative exemption under the FLSA. The Mortgage Bankers Association has filed a lawsuit seeking to invalidate the interpretation as a violation of the Administrative Procedures…
USDOL Issues Second Pro-Employee “Administrator’s Interpretation”
By Noel P. Tripp on
Posted in Department of Labor
Eleventh Circuit Finds Crane Dispatcher To Be Exempt Administrative Employee
By Noel P. Tripp on
Posted in Exemptions
In light of other case law, a recent pro-employer decision from the Eleventh Circuit Court of Appeals, holding that a salaried dispatcher for a crane rental company qualified as an exempt administrative employee, adds credence to a question often asked by legal and human resources professionals: is the administrative exemption in the eye of the…
USDOL Issues Interpretation Reversing Prior Position As To Potential Application Of Administrative Exemption to Mortgage Loan Officers
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
On March 24, 2010, Nancy J. Leppink, the Deputy Administrator for the Wage and Hour Division of the United States Department of Labor, issued an “Administrator’s Interpretation” stating that employees who perform the typical job duties of a mortgage loan officer generally do not meet the prerequisites for the administrative exemption under the FLSA. The issuance…