Tag Archives: administrative procedure act

Ohio Federal Court Rules Home Care Agency Not Required To Pay Overtime To “Companions” During Temporary Vacatur Of New Federal Rules

Providing much needed guidance to industry employers still wrestling with fallout from the United States Department of Labor’s drastic reduction to the scope of the companionship exemption, District Court Judge Sandra S. Beckwith held this week that a home care agency properly relied on the temporary vacatur of the DOL’s new federal regulations in electing … Continue Reading

Supreme Court Upholds DOL’s 2010 Interpretive Guidance Reversing Prior Position Regarding FLSA Classification of Loan Officers

Reversing the D.C. Circuit’s 2013 opinion, the Supreme Court today held that the U.S. Department of Labor did not violate the Administrative Procedure Act (APA) when, in 2010, it issued its Administrator’s Interpretation stating that mortgage loan officers generally do not qualify for the administrative exemption without first affording the public the opportunity for notice … Continue Reading

Supreme Court To Review DOL Authority To Issue Administrator Interpretations

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 … Continue Reading

D.C. Circuit Strikes Down 2010 USDOL Administrator’s Interpretation Regarding FLSA Status of Loan Officers

In 2010, the Department of Labor announced it would cease its “opinion letter” practice, wherein employers could submit written questions regarding application of the FLSA and its implementing regulations, and receive guidance. Replacing the opinion letter structure were “administrator interpretations,” wherein the Department would simply issue an advisory opinion on its own volition.  Contemporaneous with announcing … Continue Reading

Court Upholds DOL’s “Administrative Interpretation” Concerning FLSA Status of Loan Officers

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 violated … Continue Reading
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