DC Circuit Invalidates DOL’s Administrator’s Interpretation Regarding the Overtime Rights of Mortgage Loan Officers

On July 2, the DC Circuit Court of Appeals issued an opinion invalidating a 2010 Wage and Hour Administrator’s Interpretation that explained that mortgage loan officers generally are not covered by the FLSA’s outside sales exemption. The Circuit Court did address whether or not mortgage loan officers are, in fact, overtime exempt. Rather, the Court invalidated the interpretation because, in issuing the interpretation, the Administrator did not follow the notice and comment procedures set forth in the Administrative Procedures Act. The opinion is Mortgage Brokers Association v. Harris, No. 12-5246 (D.C. Cir. July 2, 2013). Click here for a copy of the opinion. Importantly, many mortgage loan officers are entitled to valuable overtime pay. The DC Circuit’s recent opinion (which was based entirely on procedural grounds) does not alter the overtime rights of mortgage loan officers. So our overtime attorneys will continue to file these cases in New York, New Jersey, Pennsylvania, and throughout the United States.

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