DOL wins in Supreme Court, readies new white-collar OT rules — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

DOL wins in Supreme Court, readies new white-collar OT rules

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in Human Resources,Overtime Labor Laws

by Joseph K. Dier and John S. Ho, Esq., Bond, Schoeneck & King

The Department of Labor (DOL) has been in the news lately, with a big win in the U.S. Supreme Court and word that it will soon—finally—release new proposed overtime regulation for white-collar employees.

Supreme Court decisions

In March, the U.S. Supreme Court ruled unanimously in two consolidated cases that a federal agency does not have to go through the formal rulemaking process, which includes providing public notice and an opportunity for comment, “when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted.”

The underlying issue in Perez v. Mortgage Bankers Asso­­­­ci­­a­­tion and Nickols et al. v. Mort­­gage Bankers Association began when the DOL changed its opinion regarding whether mortgage loan officers are covered by the so-called “admin­­is­­tra­­tive exemption” of the Fair Labor ...(register to read more)

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