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)